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Home My WebLink AboutAgenda Packet 11-27-07 ,... ." November 27, 2007 9100 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 11/26/0'7 WJ!LCO.ME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELE.. INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asl:1 anyone wishing to speal:1 to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will asl:1 for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speal:1ing clearly into the microphone. If you have bacl:1up material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave.. Ft. Pierce, FL 34982. The Board schedules additional worl:1shops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worl:1shops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (m) 462-1m or TDD (m) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.u. ".".~ .o.eph E. Smith, Chairman Paula A. Lewil, Vice Chairman Doug Coward Charle. Grande Chrh Craft Dhtrict: No. I Dbtrlct: No. J Dbtrlct: No.2 Dbtrlct: No.4 Dbtrict: NO.5 November 27, 2007 9100 A.M. Invocation Pledge of Allegiance I. J ~ rprtD MINUTES Approve the minutes from the November 13, 2007 meeting. Approve the minutes from the November 20, 2007 meeting. 2. PROCLAMATIONS/PRESENTATIONS ileA A. Resolution No. 07-309 - Proclaiming November 15, 2007, as "PHILANTHROPY DAVS" in St. Lucie fi;W~ ~"'O County, Florida. J B. ~~rfrNt/O Resolution No. 07-362 - Celebrating and Congratulating Florida Atlantic University and Harbor Branch Oceanographic Institution on their newly established partnership in St. Lucie County, Florida - Consider staff recammendation to adopt the attached Resolution No. 07-362 as drafted. (l}ltd C. MP f)'_D Resolution No. 07-363 - Commending Mr. Richard Pancoast for almost ten years of outstanding service as a member of the St. Lucie County Board of Adjustment. Laurie Case, St. Lucie County Utilities Director, will give a presentation on St. Lucie County Utilities monthly rate information regarding Indian River Estates. J)15(w>5~Vl" '*' oep....-.....h:. vo\-e... J. GENERAL PUBLIC COMMENT "(f/ol?; allevllJrd: 6ct)"5S/e/YJ-/J ~(i,it CON$INT AGENDA /}//,f,:.,:/? A;5:~/,~ ~~~~ ?1.:J5~b~t::'::~,~..h"", lIP ~ . _".,(l/~rI.,dw~.;~~~~~;:;:~1;,fk;t;l;.~~,~:::; iJ{U,/Cu.p - bl oJ rtk(J- ,(1 hlt.,-Kuf' D. S~1e,AMANAGEMENT AND BUDGET ~Q! V~ Amendment to FV 2007 Budget - Consider staff recommendation to adopt Budget ~r ~ amending the FY07 Budget. Resolution 07-311 END OF PUBLIC HEARINGS " '"*'~.: ''''',' ~811':j;.--t'f,,,:Q~H"';~H];'}~ l' f.r--:'.'~J '-'~IH;[1i: ",~'",~~"" "'- 'I=r.".".,,,,, .-'~ " ' ""'^ >." ,)_~v", ok.,." "1h ' .,". "':'"" '0' 'ld:;;r'-.'rl".f.ik..;Ii'~.,I1*~'<< .-t'j".af;~ ~ Regular Agenda November 27, 2007 PageTwo 6. 1 7. N~~~ . -10 J ih!,'v" foC(fpaveo .). rr-'J'['b (r< w: H.- rl~ Hvee. g.rv;f . ADMINI~TRATION . r(~rc:h r-/-cludp-h {).li/~ A-!rf!JfllidV/~j/JouRSf~ Commu~lty Budge~ Issue Request (CBIR) - ~egl~latlve Issue Requests - Authorize the County Admk'tistrator j1t7Jr,1 , to submit Community Budget Issue and Legislative Issue requests for the following items: 'I Community Budget Issue Requests . St. Lucie County Airport ($3,000,000) · I Harbor Branch Preserve ($15,200,000 in Florida Forever Funding) 4JJ'trr Kl'6d"<'-J,...,... ~J01- ; feNS a(60 egislative Issue Requests . County Jails Housing State Prisoners . State Trust Fund for SHIP and Transportation Disadvantaged . Medicaid Nursing Home and Hospital Billings i"f 7 ttdd~ J~ f( 4- o-Ph7e-. ~eh/-e- Staff recommends that the Board authorize the Countv Administrator to submit the CBIR Requests and the three Legislative Issue Requests. A1~ (e6mrth +0 11':;1" ctnol fLtr h~~\w-~I'\ At'ieO t{-.r f~ RESEARCH AND EDUCATION Community Budget Issue Request (CBIR). Authorize the County Administrator to partner with the Treasure Coast Education, Research and Development Authority in submitting the following two CBIRs: ..;tTreasure Coast Education and research ParR Office Center ($4,000,000) .3 Relocation of UF/IFAS Field Operations ($7,488,000) Consider staff recommendation to authorize the County Administrator to partner with the Treasure Coast Education, Research and Development Authority in submitting the two CBIRs. PURCHASING Board rejection of the sole submittal for Request for Qualifications (RFQ) 07-084, Lease of Land to Design, Build and Operate the Development of the 20-acre Harbour Pointe Property - Consider staff recommendation to reject the sole submittal for Request for Qualifications (RFQ) 07-084, Lease of Land to Design, Build and Operate the Development of the 20-acre Harbour Pointe Property and provide guidance for future action. 9. A PUBLIC WORKS ~hl7YJ tu l4.~pl'UY /,li;ih he; +rtA-Wll. er~~\q c r o~e 1Vi?(. (;11 Ceu' \ivn ecJclCL /'1,(&\ Request by the Guettler Property Mine to remove Special Condition No. 14 from the permit. In the June 6, ~ 0 () f ~v '{\, 2006 Public Hearing, the requirement that all of the mined material must be used in the upcoming State { I/::::..AJ Road 70 project was added by the Board. The permittee that this condition be deleted - Consider staff V) recommendation to approve the removal of Special Condition 14 and allow marRet conditions to determine where the material is to be used. If approved, this modification would be handled as an addendum to the approved permit. 10. GROWTH MANAGEMENT Petition of James P. Brown for Herbert S. Garten, Lynnore Moss, Front Street, LLC, Ute Avenue, LLC, Indiantown Land, Inc. and Aspen, LLC, for a Major Site Plan for property located on South Hutchinson Island along Highway AlA one-quarter mile South of FredericR Douglas Parl:1 and due south of Sea Oats (AKA Anacostia Place), North of Middle Cove for the project to be Rnown as Hutchinson Sands. Draft Resolution No 07-247 - Consider staff recommendation to approve this petition because of the compliance by the applicant to the policies of the St. Lucie County Comprehensive Plan by means of a waiver to Policy 8.1.14.2 permitted by Policy 8.1.14.3 and St. Lucie County Land Development Code. l ~ ~~E\k!iffmK'li"" ~~!""-'~'i'rrf@-=~,Q~>'''<~mLnYn'! w_ nrr"'-ii,fii_-if;;mi!"fj,lm'~n['iji~[r---W' ,=, '-')~-"''''n'ijj~'>'1.ilillnl?@iM"''v---l[( 1_1' CONSENT AGENDA ~TI~ ",""",_""',- ",";:;'1''''''iii' "^i!ij' ""=H ' ' '''1' ,,,.-""~ '2"""""1" " ~"'>i"-TI c :~' H-Y.c!l~n~"ei''''-''''--';;''' ~:""~-=~ffIir-r'>:=-i' "'''"If''''''''''' -~=i 'I ?":w.,' W" I. WARRANTS Approve warrant list No.8 2. COUNTY ATTORNEY A. Resolution No. 07-369 - Amending Animal Control Penalty Schedule to Establish Fines for Failure to Register an Animal - Consider staff recommendation to adopt proposed Resolution No. 07-369 as drafted. B. Florida Communities Trust - Hacl:?berry Hammocl:?/FCT Project 05-069-FFS - Amendment II to the Declaration of Restrictive Covenants - Consider staff recommendation to approve Amendment II to the Declaration of Restrictive Covenants, authorize the Chairman to execute the Amendment, transmit to the Florida Communities Trust and record the Amendment in the Public Records of St. Lucie County. C. Volo Holdings Fort Pierce, L.L.C. - Approval of Financing by Florida Development Finance Corporation (FDFC) pursuant to Resolution No. 07-378, Ground Lessor Consent and Estoppel Certificate, and Second Amendment to Amended and Restated Lease Agreement - Consider staff recommendation to approve Resolution No. 07-378, the Ground Lessor Consent and Estoppel Certificate, and the Second Amendment to the Amended and Restated Lease Agreement. and authorize the Chairman to sign the documents. D. Continue funding for a Forensic Case Manager for Mental Health Court - Consider staff recommendation to deem New Horizons as a sole source provider and enter into a contract with New Horizons for staffing the Forensic Case Manager position that worl:?s in the Mental Health Court. This Contract would be from 10/01/07 through 09/30/08. E. Continue funding request for Mental Health/Substance Abuse wrap around service provided by New Horizons of the Treasure Coast - Consider staff recommendation to deem New Horizons as a sole provider, and enter into a contract with New Horizons for services. Mental Health Court provides the "gatel:?eeper" function and provides accountability. The cost for incarcerating a mentally ill inmate in the County jail is apprOXimately $125.00 per pay. F. Decommissioning Wells at St. Lucie County International Airport - First Amendment to May 1, 2007 Agreement with Treasure Coast Resource Conservation and Development Council, Inc. - Consider staff recommendation to approve the proposed First Amendment with Treasure Coast Resource Conservation and Development Council, Inc., and authorize the Chairman to sign the amendment. G. Approval for the purchase of one computer server and a failover server, with licensing to support the Pretrial Release/ GPS infrastructure through a "Blacl:?berry Mail", The GPS Monitoring Company will be able to notify staff faster when violations occur on criminal defendants, therefore, supporting the highest level of public safety. Additional approval requested for the use of "Blacl:?berry" communication units for the pretrial (4) staff and I.T. (2) Staff that are supporting the GPS/Pretrial Program - Consider staff recommendation to approve the purchase of additional computer servers and blacl:?berry communication units for the St. Lucie County Pretrial Release and CIIS Programs. J. MANAGEMENT AND BUDGET A. Airport Industrial ParI:? West EDA Grant (Fund#140128) - Consider staff recommendation to approve Budget Resolution 07-315 to correct fund #140128's budget understatement in fiscal year 2006-2007. B. Approval of Budget Amendment BA08-001 transferring funding to cover General Fund purchase orders that were rolled over from fiscal year 2007 - Consider staff recommendation to approve Budget Amendment 08-001. C. Approval of Proposed Revised Grant Management Policy/Procedures Consider staff recommendation to approve the revision to the Grant Management Policy/Procedures to become effective December 1, 2007. D. Adopt Budget Resolution 07-374 to establish the budget for $1,400,000 Lease Purchase Agreement for the Water Conservation Project at St. Lucie County Rocl:? Road Jail for 2008 - Consider staff recommendation to adopt Budget Resolution 07-374 to establish the budget for $1,400,000 Lease Purchase Agreement for the Water Conservation Project at St. Lucie County Rocl:1 Road Jail for 2008. Content: Agenda November 27, 2007 Page rwo S. MANAGEMENT AND BUDGET CONTINUED E. Request to approve Budget Resolution No. 07-375 to increase the 2007 SCAAP Supplement Grant Award in the amount of $4,928 for fiscal year 2008 Budget - Consider staff recommendation to approve Budget Resolution No. 07-375 to increase the 2007 SCAAP Supplement Grant Award in the amount of $4,928 for fiscal year budget. 4. CULTURAL AFFAIRS A. Annual Arts in Public Places (AIPP) Phase II Plan - Consider staff recommendation to approve the Annual Arts in Public Places (AIPP) Phase II Plan and authorize staff and AIPP committee to move forward with implementing the projects identified in the plan. B. Proposed lease agreement with individual Florida sculpture artists that will lease their worl:1 for the 2nd Biannual St. Lucie County sculpture exhibition - Consider staff recommendation to approve the proposed draft lease agreement as prepared by the County Attorney's office with individual Florida sculpture artists that will lease their wort? for the St. Lucie County With Out Walls 2 sculpture exhibition. C. Grant application to the Florida Humanities Council for a Highwaymen Artists Hall of Fame Heritage. Trail that features an exhibit at the Historical Museum - Consider staff recommendation to authorize staff to submit a grant application to the Florida Humanities Council for a Highwaymen Artists Hall of Fame Heritage Trail. 5. ECONOMIC AND STRATEGIC DEVELOPMENT Request to approve the First Amendment to the FV2006/07 Bid Fees and Sponsorships Grant Contract with the Treasure Coast Sports Commission in the amount of $40,500.00 - Consider staff recommendation to approve the First Amendment to the Grant Contract and authorize the Chairman to sign. 6. PARKS AND RECREATION A. Request for approval to serve alcohol at the Indrio Road School House - Consider staff recommendation to approve Benny Johnson and Pamela Rohm's request to serve alcohol at the Indrio Road School House on March 15, 2008, during their Wedding/Reception. B. Request for approval to serve alcohol at the Indrio Road School House - Consider staff recommendation to approve Teamsters Local Union No. 769's request to serve alcohol during its annual company picnic at the Indrio Road School House on December 1, 2007. C. Request for approval to serve alcohol at White City ParR - Consider staff recommendation to approve JoAnn Smiley's request to serve alcohol during the family picnic she is hosting at White City ParR on December 22, 2007. D. Interlocal Agreement/Use of North Doct?/School Board "Science Under Sail" - Consider staff recommendation to approve the Interlocal Agreement, as drafted by the County Attorney, between he County and the School Board approving the use of "North" DocR for the S/V Dennis Sullivan to dOCR for the School Board's "Science Under Sail" program December 1 through December 14 and approve waiver of the dOCR fees. E. Equipment Request No. 08-292/Budget Amendment 08-003 - Consider staff recommendation to approve Equipment Request No. 08-292 and Budget Amendment 08-003 for the funding and purchase of a utility trailer for the Lincoln ParR Community Center. F. 17th Annual Boat Parade, Fort Pierce - Consider staff recommendation to approve the waiver of rental fees for the 17th Annual Boat Parade held by the St. Lucie County Chamber of Commerce. Also grant permission to sell beer during this event. 7. CENTRAL SERVICE' A. Reallocate Funds in the amount of $36,888.04 - Edlund Dritenbas BinRley Architects - #C03-0B-S20 - New ClerR of Court Building Project - Consider staff recommendation to approve the reallocation of funds in the amount of $36,888.04 for payment of Invoice No. 4211, Edlund Dritenbas BinRley Architects for the New ClerR of Court Project. ,{ { Con.ent: Agenda November 27, 2007 Page Three 7. 8. ~\\tJ~~~ J\~ CENTRAL SERVICES CONTINUED B. Downtown Chiller Plant - City of Fort Pierce - Fort Pierce Utilities Authority - Utility Easement for Gas and Water Line - Consider staff recommendation to approve the City of Fort Pierce utility easement for gas and water line for the use and benefit of the Fort Pierce Utilities Authority for the Downtown Chiller Plant. authorizing the Chair to sign. C. David BrooRs Enterprise, Inc. - Change Order No. 21 to #C05-12-636 - Construction of the New ClerR of Court Building and Downtown Chiller Plant - Consider staff recommendation to approve Change Order No. 21 to #C05-12-636, to increase the contract time to ninety-two (92) days, changing the date of substantial completion for the ClerR of Court Building to February 6, 2008, and to increase the contract sum by $49,323.00; the new contract sum will be $13,249,480. Staff further recommends the Board authorize the Chairman to sign the Change Order as prepared by the County Attorney. SOLID WASTE Staff requests Board approval of Equipment Request #EQ08-289 for the purchase of a digital security/camera system ($1,889) and Equipment Request #EQ08-290 for the purchase of one computer to support the system ($1,312.99) for a total cost of $3,201.99 - Consider staff recommendation to approve Equipment Request #EQ08-289 for the purchase of a digital security/camera system ($1,889) and Equipment Request #EQ08-290 for the purchase of one computer to support the system ($1.312.99) for a total cost of $3,201.99 9. PUBLIC SAFETY A. Request to award the WorR Authorization No. 4 through contract C07-07-454 for DunRelberger Engineering & Testing, Inc. - Consider staff recommendation to waive the formal RFQ process and award WorR Authorization #4 through contract #07-07-454 for DunRelberger Engineering & Testing, Inc. for the new Emergency Operations Center in the amount not to exceed $29,271.00. And have the Chairman sign the WorR Authorization. B. Maintenance Service Agreement for the infrastructure for our Motorola Public Safety 800 MHz radio system in the amount of $269,640.48 - Consider staff recommendation to approve and have the Chairman sign the Maintenance Service Agreement for the Public Safety 800 MHz radio system in the amount of $269,640.48. 10. PUBLIC WORKS A. Engineering Division - Taylor CreeR Restoration - Phase 3 Small County Dredging (Fund #140344) - Consider staff recommendation to approve Budget Resolution 07-345 to establish fund #140344's budget of $975,000 in agency contribution and $325,000 in County match in fiscal year 2007-2008. B. Code Compliance Division - 303 Angle Road, Fort Pierce - Unsafe Structure - Consider staff ...blit rom~ommendation to authorize the demolition of the overhang and placing a lien on the property. C. Engineering Division - Road Improvement Agreement with KIRCO Acquisition, LLC, developers of Interstate Business ParR - Consider staff recommendation to approve the Road Improvement Agreement with KIRCO Acquisition, LLC, and authorize the Chairman to sign. fno~ WI -t-..> u.~~n..Ve.. rev t~"A recol"rlh\enc.l.eLBc.-Yl . PURCHASING A. Board approval to award Invitation to Bid #07-116, sale of two Gator vehicles to the highest bidder, Treasure Coast Lawns, Inc. - Consider staff recommendation to award Invitation to Bid #07-116 for the sale of a 1997 John Deere Gator 6X4 and a 1998 John Deere Gator 6X4 to the highest bidder, Treasure Coast Lawns, Inc., for a total price of $250.00 and permission to remove the equipment from Solid Waste's fixed assets and authorize the Chairman to sign any necessary documents as prepared by the County Attorney. n. Content: Agenda November 27, 2007 Page Four PURCHASING CONnNUED PULLED PRIOR TO THE MEETING B. Board approval to award Invitation to Bid (lTB) No. 07-107 Construction of Dune Crossovers damaged by Hurricane Frances and Hurricanes Jeanne at Ocean Bay and Little Mud CreeR - Consider staff recommendation to approve to award Invitation to Bid No. 07-107 Construction of Dune Crossovers damaged by Hurricane Frances and Jeanne at Ocean Bay and Little Mud CreeR to Summerlins Marine Construction, LLC at a cost of $144.00 per lineal foot for a not to exceed cost of $75,000, and authorize the Chairman to sign the contract as prepared by the County Attorney. Board of approval of the short-listed firms for Adjunct Management Services: 1. Miller Legg 2. MSCW 3. Urban Design Studio Consider staff recommendation to conduct oral presentations with the short-listed firms, then conduct contract negotiations with the successful short-listed firms, and if negotiations are successful. award a contract to the successful short-listed firm and authorize the Chairman to sign the contracts as prepared by the County Attorney. Board approval to advertise an Invitation to Bid for the construction of the Municipal Service Benefit Units (MSBU) # 1, 2, & 3 on Lennard Road for the construction of the road and utility improvements from Silver OaR Drive to South Kitterman Road and to tie in the existing utilities - Consider staff recommendation to advertise an Invitation to Bid for the construction of the Municipal Service Benefit Units (MSBU) # 1. 2, & 3 on Lennard Road for the construction of the road and utility improvements from Silver OaR Drive to South Kitterman Road and to tie in the existing utilities. tvlo+'WlkClpprwC?. ~Apprwc&\ 4-1 (1rl'ln.~~ \rCl\.'n.~ V'\C1 n. LUCIE COUNTY SHERIFF'S OFFICE Budget Amendment for Miscellaneous Income - Consider staff recommendation to approve the Sheriff's request for a budget amendment, to increase the budget for miscellaneous revenues for the 2006/2007 budget year by $162,247 - Consider staff recommendation to approve the Sheriff's request for a budget amendment. to increase the budget for miscellaneous revenues for the 2006/2007 budget year by $162,247. II. C. \k)t~) Pv .~6ivro~e" ~ir~\'v J~l/ 12. IS. ENVIRONMENTAL RESOURCES Request to extend St. Lucie River Exhibit contract with Wilderness Graphics - Extend contract deadline for Exhibit - Consider staff recommendation to approve the amendment as drafted by the County Attomey's office and authorize the Chairman to sign. 14. UTILITIES r A. WorR Authorization with Camp Dresser and McKee, Inc., for engineering services to prepare and submit I J to ( .\ Comprehensive Plan Amendments for Water Supply Development Projects in an amount not to ~ Ie. (.\rJf. exceed $46,300 - Consider staff recommendation to approve WorR Authorization with Camp Dresser r~.I,."jJiI "pl(0 and McKee, Inc., for engineering services to prepare and submit Comprehensive Plan Amendments for }~e(~~v flJ) W(J1~P?-6elopment Projects in an amount not to exceed $46,300. PULL~~ PRIOR TO MEETING B. Resolution No. 07-379 relating to the State Revolving Fund Loan program and adopt the Preliminary Engineering Report fir the design to expand the North Hutchinson Island Wastewater Treatment Plant to 1.00 million gallons per day - Consider staff recommendation to approve Resolution No. 07-379 relating to the State Revolving Fund Loan program and adopt the Preliminary Engineering Report for the design to expand the North Hutchinson Island Wastewater Treatment Plant. IS. COMMUNITY SERVICES A. Budget Resolution No. 07-380 to encumber and expend funds in the amount of $135,000 as per the contract with the St. Lucie I.N.T.A.C.T., the long-term recovery organization - Consider staff recommendation to approve Budget Resolution No. 07-380 and authorize the Chairman to sign. Con.ent Agenda November 2'1, 200'1 Page Five 15. COMMUNITY SERVICES CONTINUED B. Approval to short-list contractors from RFQ #07-069 Pre-Qualification of Construction Contractors and approval to enter continuing contracts with the following short listed contractors: Habitat for Humanity, Angus Enterprises and Alton Silver Homes - Consider staff recommendation to approve the short-list contractors from RFQ #07-069 Pre-Qualification of Construction Contractors and approval to enter continuing contracts with the following short listed contractors: Habitat for Humanity, Angus Enterprises and Alton Silver Homes and authorize the Chairman to sign the continuing contracts as prepared by the County Attomey. Resolution No. 07-313 to support the elimination of the cap on the Housing Trust Funds - Consider staff recommendation to approve resolution No. 07-313 to support the elimination of the cap on the Housing Trust Funds. .fv ( C. pJe) !:f7;V'" d~'>(..V- 16. PARKS REFERENDUM Change Order No. 6 - Recreation Design and Construction - C04-07-655 - LaRewood ParR Regional ParR Project _ Consider staff recommendation to approve Change Order No. 6 with Recreation Design and Construction (C04-07-655) in the amount of ($50,710) for a construction cost contingency reduction of "revised" turn lane for the LaRewood ParR Regional ParR and authorize the Chairman to sign. The new contract sum will be $8,993,558. 1'1. INVESTMENT FOR THE FUTURE River ParR Marina - Preserve Area Mitigation Monitoring - Approve Miller Legg WorR - Consider staff recommendation to approve WorR Authorization with Miller Legg in the amount of $37,700 to perform the scope of services needed to meet the Florida Department of Environmental Protection and the U.S. Army Corps of Engineers mitigation monitoring requirements. As this was not a budgeted expense, staff is requesting that the Board approve the use of remaining funds from projects that have been completed in the amount of $17,700 to cover the first year mitigation monitoring cost. Years 2-5 will be budgeted annually. IS. PULLED PRIOR TO MEETING HUMAN RESOURCES Request for Board approval to reduce staff in Code Compliance - Consider staff recommendation to approve the reduction of ten (10) Positions in the Code Compliance Division. 19. GRANTS Authorize the acceptance of a grant and signing of contract agreement from Florida Fish and Wildlife Conservation Commission - Florida Boating Improvement Program for $50,000 to be utilized for design, permitting and renovations to the Summerlin Boat DOCR - Consider staff recommendation to accept the grant of $50,000 from the Florida Fish and Wildlife Conservation Commission for Summerlin Boat DocR and authorize the Chairman to sign the grant agreement. 20. AIRPORT Request the Board approval of Budget Resolution No. 07-377 to establish the Federal Aviation Administration (FAA) grant budget in the adjusted beginning year balance of $1,250,600 for the FPL power line relocation for the Runway 9L127R Runway and Taxiway Project at the St. Lucie County International Airport - Consider staff recommendation to approve Budget Resolution No. 07-377 to establish the Federal Aviation Administration (FAA) grant budget in the adjusted beginning year balance of $1,250,600 for the FPL power line relocation for the Runway 9L127R Runway and Taxiway Project at the St. Lucie County Intemational Airport, and authorize the Chair or designee to execute same. Con.ent Agenda November 27, 2007 Page Six 21. STRATEGIC PLANNING I Board approval of the short-listed firms to provide Neighborhood Charrette Services: O \\1 (} ~C\ 1. MSCW ~ \ e flP~~ 2. Glatting Jacl?son I V. tfJlJ 3. The Genesis Group ( Consider staff recommendation to conduct oral presentations with the short-listed firms, then conduct contract i ~ O~ U,egotiations with the successful short-listed firms, and if negotiations are successful, award a contract to the 0. . .,"1~cceSSfUI short-listed firm and authorize the Chairman to sign the contracts as prepared by the County "",M' ,,,,,domey. \.X'D '{\i)~' \ ~ 6tf' _, ~Jliif(W"'Y~'" riif~I]!ir~'''-'fJJiliau''~'Jrw'~''?fJ''''' ~,~" .~,,_"~,",;cl~, ~~''"'-''n'.'"'"'''' '~~M<<""'''<iXn''w'n''''''=''rt('llti''.'''''mtim~1'''/'~!\-'' ANNOUNCEMENTS November 27, 2007 . "'!IiIIiIIIIli r~==~" ,=,,~':-'~. ~'T"""'''''''''~.liil' 111llilHrli1:iif~"""""~'~"'~== ~[t~~ """"''''''''1lflllF 1. The Board of County Commissioners November Monthly Informal Meeting will be held on Tuesday, November 27, 2007 at 1:30 p.m. in Conference Room #3. 2. There will be no Board of County Commissioners meeting on Tuesday, December 25, 2007 due to the County's observance of the Holiday. 3. There will be no Board of County Commissioners meeting on Tuesday, January 1, 2008 due to the County's observance of the Holiday. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. - -:1J$j:1Wfj~;jTn~nit'~-i$-i""'f(iII'~il~'"~"1,,,j!Tilin~'i!_I.lilii'1i1ii~. "jj'_~~~~ij~..~II)c.lMI~It'.~ill".. ~.,. ~~~'M" _ '>ic" ,'''.'.''''''-.,- '_,,,",,' "~.-- ;M-".""<,, ~%~","i~,'rr.~"="'~~rrf_U"J:~'~1X"n'~4"'&l~'i" lilT' ''(fl1!i1F' h '*- "'-"00' 'Tff '_u Ii" ,.,," "''''~''''':'r.r'rmr '''v'l\. r ""T~"I["n';"_itl7'~. Char Ie. Grande, Chairman Doug Coward, Vice Chairman Joseph E. Smit:h Paula A. Lewh Chris Craft Dbtrict: No.4 Dbtrict No.2 Dbtrict No. I District: No. J Dbt:rict: No.5 AGENDA November 27, 2007 I. MINUTE' d Approve the minutes from the meeting held on November 6, 2007. ~~ ~t-o Approve the minutes from the meeting held on November 13, 2007. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST J\r p~,{) Approve warrants List No.7 and 8. 2! f) MOSOUITO CONTROL Declaration of Surplus Property - Consider staff recommendation to approve the surplus to the District equipment referenced in the attached list, authorize to offer the surplus equipment to interested Mosquito Districts at the values estimated for those items and consideration for "Best Offers" and approve the publicly auction the surplus equipment that is not successfully bid upon by any other district. J. PURCHASING A. Sole Source and Contract with Locher Environmental, Inc., for the purchase, installation and maintenance of three (3) Cellular Telemetry Monitoring Systems for a not to exceed amount of S150,000 - Consider staff recommendation to approve the Sole Source and Contract with Locher Environmental, Inc., for the purchase, installation and maintenance of three (3) Cellular Telemetry Monitoring Systems for a not to exceed amount of SI50,000. B. Request Board approval of the following short listed firms and permission to conduct oral presentations to ranR the short listed firms for contract negotiations from Request for Qualifications #07-101. Engineering Services for the Mosquito District: 1. Hazen and Sawyer 2. Kimley-Horn 3. Higgins Engineering 4. Creech Consider staff recommendation to approve the short listed firms and permiSSion to conduct oral presentations from Request for Qualifications #07-101, Engineering Services for the Mosquito District. NOTICE: All Proceedings before this Board are electronicclly recorded. Any person who decides to appeal any action ta~en by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1m or TOO (n2) 462-1428 at least forty-eight (48) hours prior to the meeting. ~, _ ~!'jt"C~'''"1Y ~=,".."~ ~,~ ~=" , ''''~::~''T u', =~"f"'_'" '""",. ~. ,,-m""'ii""f'rl r ,*-"''''~'''''')Qjr'' r'~:'" "" t("-"-I"="B1"1~tW'-}''''''''''''''~'''''~ ""'f::1f"" . .~ --1:- ........., ___~ .......1.. ..' ,".A~,~",I''''~~~~~ -~.""",;>;, ,,"'-"~"H""-"".T' ,.",.,".",~ ",,". 1/"""= E' :'rfJif>.t""'''~''''~ ":" ~.,"~' "'~ft' ~"'~ r~'W"'" '~'~~'m'__j' lMF'" ";;'~=":~r.w- Chrh Craft:, Chairman Charles Grande, Vice ChairMan Joseph E. Smlt:h Doug Coward Paula A. Lewh Dhtrlct: NO.5 Diltrlct No.4 Dbt:rict No. I Dbt:rict: No.2 Dbt:rict No. !S AGENDA November 2'1, 2007 I. flfrtt MINUTES Approve the minutes from the meeting held on November 6, 2007. Approve the minutes from the meeting held on November 13, 2007. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. /lrf~ WARRANTS LIST Approve warrants List No.7 and 8. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRan by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. November 27, 2007 9100 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 11/26/0'7 WELCOME'- .' ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'J WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asl:1 anyone wishing to speal:1 to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will asl:1 for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speal:1ing clearly into the microphone. If you have bacl:1up material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M.. unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave.. Ft. Pierce, FL 34982. The Board schedules additional worl:1shops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worl:1shops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (m) 462-1777 or TDD (m) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.tt-Iucie.fl.ut Joteph E. Smith, Chairman Paula A. Lewis, Vice Chairman Doug Coward Charle. Grande Chris Craft District No. t Dbt:rlct No. !S DI.trlct No.2 Dlttrlct No.4 Dbtrlct No. II November 27, 2007 9100 A.M. Invocation Pledge of Allegiance I. MINUTES Approve the minutes from the November 13, 2007 meeting. Ap 0 e the minutes from the November 20, 2007 meeting. 2. CLAMATIONSlPRESENTATIONS Resolution No. 07-309 - Proclaiming November 15, 2007, as "PHILANTHROPY DAVS" in St. Lucie County, Florida. Resolution No. 07-362 - Celebrating and Congratulating Florida Atlantic University and Harbor Branch Oceanographic Institution on their newly established partnership in St. Lucie County, Florida - Consider staff recommendation to adopt the attached Resolution No. 07-362 as drafted. Resolution No. 07-363 - Commending Mr. Richard Pancoast for almost ten years of outstanding service ,as a member of the St. Lucie County Board of Adjustment. / D/ Laurie Case, St. Lucie County Utilities Director, will give a presentation on St. Lucie County Utilities L7" monthly rate information regarding Indian River Estates. !S. GENERAL PUBLIC COMMENT 2' 4. CONSENT AGENDA ell rt (' /'-( 6 ;- C /$ ~ 91""""'''"'''' mlT ~"J11~' PUBLIC HEARINGS r=" -Ie/() r de 4c IIA. MANAGEMENT AND BUDGET Amendment to FY 2007 Budget - Consider staff recommendation to adopt Budget Resolution 07-311 amending the FY07 Budget. END OF PUBLIC HEARINGS , ."mi1T="'T---~'" "T -r ."~~, IN' ~ , lW"f t!"'~~ ,. rr Regular Agenda November 27, 2007 Page Two 6. ADMINISTRATION Community Budget Issue Request (CBIR) - Legislative Issue Requests - Authorize the County Administrator to submit Community Budget Issue and Legislative Issue requests for the following items: 7. 8. 9. ~ Community Budget Issue Requests · St. Lucie County Airport ($3,000,000) · Harbor Branch Preserve ($15,200,000 in Florida Forever Funding) Legislative Issue Requests · County Jails Housing State Prisoners · State Trust Fund for SHIP and Transportation Disadvantaged . Medicaid Nursing Home and Hospital Billings Staff recommends that the Board authorize the County Administrator to submit the CBIR Requests and the three Legislative Issue Requests. RESEARCH AND EDUCATION Community Budget Issue Request (CBIR). Authorize the County Administrator to partner with the Treasure Coast Education, Research and Development Authority in submitting the follOWing two CBIRs: · Treasure Coast Education and research Par!:? Office Center ($4,000,000) . Relocation of UF/IFAS Field Operations ($7,488,000) Consider staff recommendation to authorize the County Administrator to partner with the Treasure Coast Education, Research and Development Authority in submitting the two CBIRs. PURCHASING Board rejection of the sole submittal for Request for Oualifications (RFO) 07-084, Lease of Land to Design, Build and Operate the Development of the 20-acre Harbour Pointe Property - Consider staff recommendation to reject the sole submittal for Request for Oualifications (RFO) 07-084, Lease of Land to Design, Build and Operate the Development of the 20-acre Harbour Pointe Property and provide guidance for future action. PUBLIC WORKS Request by the Guettler Property Mine to remove Special Condition No. 14 from the permit. In the June 6, 2006 Public Hearing, the requirement that all of the mined material must be used in the upcoming State Road 70 project was added by the Board. The permittee that this condition be deleted - Consider staff recommendation to approve the removal of Special Condition 14 and allow mar!:?et conditions to determine where the material is to be used. If approved, this modification would be handled as an addendum to the approved permit. 'J,,/ -? 1D Gt/ A ~r- '.1" GROWTH MANAGEMENT t1()!. 1/J-#("V I 0...... vJl:r iN,.......... f()1.tr.#i&Jl1J/1tt' Petition of James P. Brown for Herbe S. Garten, Lynnore Moss, Front Street, LLC, Ute Avenue, LLC, Indiantown Land, Inc. and Aspen, L ,for a Major Site Plan for property located on South Hutchinson Island along Highway AlA one-qu er mile South of Frederic!:? Douglas Par!:? and due south of Sea Oats (AKA Anacostia Place), North of iddle Cove for the project to be !:?nown as Hutchinson Sands. Draft Resolution No 07-247 - Cons ide taff recommendation to approve this petition because of the compliance by the applicant to the polic' s of the St. Lucie County Comprehensive Plan by means of a waiver to Policy 8.1.14.2 permitted by Iicy 8.1.14.3 and St. Lucie County Land Development Code. ?/& ~ /0 lei ~ It.- /l<r C?---. . . s/,)--=' J.f-/?~ :--;)1:::-; /t ;> L .! -0 /Z",v?1) - /'1 ell f I L(;\7 -t-.-/J7.!r- .s~;;"1 ~ C-/'r--r-- ~.oA .5.-.-0 . ffl.'ll ~ CONSENT AGENDA ""'" .. ~C.n ~ M"="" "'B I. WARRANTS Approve warrant list No. 8 2. COUNTY AnORNEY A. Resolution No. 07-369 - Amending Animal Control Penalty Schedule to Establish Fines for Failure to Register an Animal - Consider staff recommendation to adopt proposed Resolution No. 07-369 as drafted. B. Florida Communities Trust - Hac!:?berry Hammoc!:?/FCT Project Os-069-FFS - Amendment II to the Declaration of Restrictive Covenants - Consider staff recommendation to approve Amendment II to the Declaration of Restrictive Covenants, authorize the Chairman to execute the Amendment, transmit to the Florida Communities Trust and record the Amendment in the Public Records of St. Lucie County. C. Volo Holdings Fort Pierce. L.L.C. - Approval of Financing by Florida Development Finance Corporation (FDFC) pursuant to Resolution No. 07-378, Ground Lessor Consent and Estoppel Certificate, and Second Amendment to Amended and Restated Lease Agreement - Consider staff recommendation to approve Resolution No. 07-378, the Ground Lessor Consent and Estoppel Certificate, and the Second Amendment to the Amended and Restated Lease Agreement, and authorize the Chairman to sign the documents. D. Continue funding for a Forensic Case Manager for Mental Health Court - Consider staff recommendation to deem New Horizons as a sole source provider and enter into a contract with New Horizons for staffing the Forensic Case Manager position that wor!:?s in the Mental Health Court. This Contract would be from 10/01/07 through 09/30/08. E. Continue funding request for Mental Health/Substance Abuse wrap around service provided by New Horizons of the Treasure Coast - Consider staff recommendation to deem New Horizons as a sole provider, and enter into a contract with New Horizons for services. Mental Health Court provides the "gate!:?eeper" function and provides accountability. The cost for incarcerating a mentally ill inmate in the County jail is approximately $125.00 per pay. F. Decommissioning Wells at St. Lucie County Intemational Airport - First Amendment to May 1. 2007 Agreement with Treasure Coast Resource Conservation and Development Council, Inc. - Consider staff recommendation to approve the proposed First Amendment with Treasure Coast Resource Conservation and Development Council, Inc., and authorize the Chairman to sign the amendment. G. Approval for the purchase of one computer server and a failover server, with licensing to support the Pretrial Release/ GPS infrastructure through a "Blac!:?berry Mail". The GPS Monitoring Company will be able to notify staff faster when violations occur on criminal defendants, therefore, supporting the highest level of publiC safety. Additional approval requested for the use of "Blac!:?berry" communication units for the pretrial (4) staff and LT. (2) Staff that are supporting the GPS/Pretrial Program - Consider staff recommendation to approve the purchase of additional computer servers and blac!:?berry communication units for the St. Lucie County Pretrial Release and CJlS Programs. J. MANAGEMENT AND BUDGET A. Airport Industrial ParR West EDA Grant (Fund#140128) - Consider staff recommendation to approve Budget Resolution 07-315 to correct fund #140128's budget understatement in fiscal year 2006-2007. B. Approval of Budget Amendment BA08-001 transferring funding to cover General Fund purchase orders that were rolled over from fiscal year 2007 - Consider staff recommendation to approve Budget Amendment 08-001. C. Approval of Proposed Revised Grant Management Policy/Procedures - Consider staff recommendation to approve the revision to the Grant Management Policy/Procedures to become effective December 1, 2007. D. Adopt Budget Resolution 07-374 to establish the budget for $1,400,000 Lease Purchase Agreement for the Water Conservation Project at St. Lucie County Roc!:? Road Jail for 2008 - Consider staff recommendation to adopt Budget Resolution 07-374 to establish the budget for $1,400,000 Lease Purchase Agreement for the Water Conservation Project at St. Lucie County RocR Road Jail for 2008. Consent: Agenda November 27, 2007 Page Two J. MANAGEMENT AND BUDGET CONTINUED E. Request to approve Budget Resolution No. 07-375 to increase the 2007 SCAAP Supplement Grant Award in the amount of $4,928 for fiscal year 2008 Budget - Consider staff recommendation to approve Budget Resolution No. 07-375 to increase the 2007 SCAAP Supplement Grant Award in the amount of $4,928 for fiscal year budget. 4. CULTURAL AFFAIRS A. Annual Arts in Public Places (AIPP) Phase II Plan - Consider staff recommendation to approve the Annual Arts in Public Places (AIPP) Phase II Plan and authorize staff and AIPP committee to move forward with implementing the projects identified in the plan. B. Proposed lease agreement with individual Florida sculpture artists that will lease their worR for the 2nd Biannual St. Lucie County sculpture exhibition - Consider staff recommendation to approve the proposed draft lease agreement as prepared by the County Attorney's office with individual Florida sculpture artists that will lease their wort:? for the St. Lucie County With Out Walls 2 sculpture exhibition. C. Grant application to the Florida Humanities Council for a Highwaymen Artists Hall of Fame Heritage. Trail that features an exhibit at the Historical Museum - Consider staff recommendation to authorize staff to submit a grant application to the Florida Humanities Council for a Highwaymen Artists Hall of Fame Heritage Trail. 5. ECONOMIC AND STRATEGIC DEVELOPMENT Request to approve the First Amendment to the FY2006/07 Bid Fees and Sponsorships Grant Contract with the Treasure Coast Sports Commission in the amount of $40,500.00 - Consider staff recommendation to approve the First Amendment to the Grant Contract and authorize the Chairman to sign. e. PARKS AND RECREATION A. Request for approval to serve alcohol at the Indrio Road School House - Consider staff recommendation to approve Benny Johnson and Pamela Rohm's request to serve alcohol at the 'ndrio Road School House on March 15, 2008, during their Wedding/Reception. B. Request for approval to serve alcohol at the Indrio Road School House - Consider staff recommendation to approve Teamsters Local Union No. 769's request to serve alcohol during its annual company picnic at the Indrio Road School House on December 1, 2007. C. Request for approval to serve alcohol at White City ParR - Consider staff recommendation to approve JoAnn Smiley's request to serve alcohol during the family picnic she is hosting at White City ParR on December 22, 2007. D. Interlocal Agreement/Use of North DocR/School Board "Science Under Sail" - Consider staff recommendation to approve the Interlocal Agreement. as drafted by the County Attorney, between he County and the School Board approving the use of "North" DocR for the S/V Dennis Sullivan to docR for the School Board's "Science Under Sail" program December 1 through December 14 and approve waiver of the dOCR fees. E. Equipment Request No. 08-292/Budget Amendment 08-003 - Consider staff recommendation to approve Equipment Request No. 08-292 and Budget Amendment 08-003 for the funding and purchase of a utility trailer for the Lincoln ParR Community Center. F. lih Annual Boat Parade, Fort Pierce - Consider staff recommendation to approve the waiver of rental fees for the 17th Annual Boat Parade held by the St. Lucie County Chamber of Commerce. Also grant permission to sell beer during this event. 7. CENTRAL SERVICES A. Reallocate Funds in the amount of $36,888.04 - Edlund Dritenbas BinRley Architects - #C03-08-520 - New CierI:? of Court Building Project - Consider staff recommendation to approve the reallocation of funds in the amount of $36,888.04 for payment of Invoice No. 4211, Edlund Dritenbas Binl:?ley Architects for the New CierI:? of Court Project. Content Agenda November 2'7, 2007 Page Three 7. CENTRAL SERVICES CONTINUED B. Downtown Chiller Plant - City of Fort Pierce - Fort Pierce Utilities Authority - Utility Easement for Gas and Water Line - Consider staff recommendation to approve the City of Fort Pierce utility easement for gas and water line for the use and benefit of the Fort Pierce Utilities Authority for the Downtown Chiller Plant, authorizing the Chair to sign. C. David BrooRs Enterprise, Inc. - Change Order No. 21 to #COs-12-636 - Construction of the New ClerR of Court Building and Downtown Chiller Plant - Consider staff recommendation to approve Change Order No. 21 to #C05-12-636, to increase the contract time to ninety-two (92) days, changing the date of substantial completion for the CierI:? of Court Building to February 6, 2008, and to increase the contract sum by $49,323.00; the new contract sum will be $13,249,480. Staff further recommends the Boord authorize the Chairman to sign the Change Order as prepared by the County Attomey. I. SOLID WASTE Staff requests Board approval of Equipment Request #EQ08-289 for the purchase of a digital security/camera system ($1,889) and Equipment Request #EQ08-290 for the purchase of one computer to support the system ($1,312.99) for a total cost of $3,201.99 - Consider staff recommendation to approve Equipment Request #EQ08-289 for the purchase of a digital security/camera system ($1,889) and Equipment Request #EQ08-290 for the purchase of one computer to support the system ($1,312.99) for a total cost of $3,201.99 9. PUBLIC SAFETY A. Request to award the Worl:? Authorization No. 4 through contract C07-07-454 for DunRelberger Engineering & Testing, Inc. - Consider staff recommendation to waive the formal RFQ process and award WorR Authorization #4 through contract #07-07-454 for DunRelberger Engineering & Testing, Inc. for the new Emergency Operations Center in the amount not to exceed $29,271.00. And have the Chairman sign the WarR Authorization. B. Maintenance Service Agreement for the infrastructure for our Motorola Public Safety 800 MHz radio system in the amount of $269,640.48 - Consider staff recommendation to approve and have the Chairman sign the Maintenance Service Agreement for the Public Safety 800 MHz radio system in the amount of $269,640.48. 10. PUBLIC WORKS A. Engineering Division - Taylor CreeR Restoration - Phase 3 Small County Dredging (Fund #140344) - j Consider staff recommendation to approve Budget Resolution 07-345 to establish fund #140344's D Jlfl ~ budget of $975,000 in agency contribution and $325,000 in County match in fiscal year 2007-2008, ~_ Code Compliance Division - 303 Angle Road, Fort Pierce - Unsafe Structure - Consider staff .../ recommendation to authorize the demolition of the overhang and placing a lien on the property. t' Engineering Division - Road Improvement Agreement with KIRCO Acquisition, LLC, developers of '" t'\ Interstate Business ParR - Consider staff recommendation to approve the Road Improvement Agreement with KIRCO Acquisition, LLC, and authorize the Chairman to sign. II. PURCHASING A. Board approval to award Invitation to Bid #07-116, sale of two Gator vehicles to the highest bidder, Treasure Coast Lawns, Inc. - Consider staff recommendation to award Invitation to Bid #07-116 for the sale of a 1997 John Deere Gator 6X4 and a 1998 John Deere Gator 6X4 to the highest bidder, Treasure Coast Lawns, Inc., for a total price of $250.00 and permission to remove the equipment from Solid Waste's fixed assets and authorize the Chairman to sign any necessary documents as prepared by the County Attorney. Content Agenda November 27, 2007 Page Four II. PURCHASING CONTINUED PULLED P./O. TO THE MEETING B. Board approval to award Invitation to Bid (ITB) No. 07-107 Construction of Dune Crossovers damaged by Hurricane Frances and Hurricanes Jeanne at Ocean Bay and Little Mud CreeR - Consider staff recommendation to approve to award Invitation to Bid No. 07-107 Construction of Dune Crossovers damaged by Hurricane Frances and Jeanne at Ocean Bay and Little Mud Creet? to Summerlins Marine Construction, LLC at a cost of $144.00 per lineal foot for a not to exceed cost of $75,000, and authorize the Chairman to sign the contract as prepared by the County Attorney. C. Board of approval of the short-listed firms for Adjunct Management Services: 1. Miller Legg 2. MSCW 3. Urban Design Studio Consider staff recommendation to conduct oral presentations with the short-listed firms, then conduct contract negotiations with the successful short-listed firms, and if negotiations are successful, award a contract to the successful short-listed firm and authorize the Chairman to sign the contracts as prepared by the County Attorney. D. Board approval to advertise an Invitation to Bid for the construction of the Municipal Service Benefit Units (MSBU) # 1, 2, & 3 on Lennard Road for the construction of the road and utility improvements from Silver OaR Drive to South Kitterman Road and to tie in the existing utilities - Consider staff recommendation to advertise an Invitation to Bid for the construction of the Municipal Service Benefit Units (MSBU) # 1, 2, & 3 on Lennard Road for the construction of the rood and utility improvements from Silver Oat? Drive to South Kitterman Road and to tie in the existing utilities. 12. n. LUCIE COUNTY SHERIFF'S OFFICE Budget Amendment for Miscellaneous Income - Consider staff recommendation to approve the Sheriff's request for a budget amendment, to increase the budget for miscellaneous revenues for the 2006/2007 budget year by $162,247 - Consider staff recommendation to approve the Sheriff's request for a budget amendment, to increase the budget for miscellaneous revenues for the 2006/2007 budget year by $162,247. II. ENVIRONMENTAL RESOURCES Request to extend St. Lucie River Exhibit contract with Wilderness Oraphics - Extend contract deadline for Exhibit - Consider staff recommendation to approve the amendment as drafted by the County Attomey's office and authorize the Chairman to sign. 14. UTILITIES A. WorR Authorization with Camp Dresser and McKee, Inc., for engineering services to prepare and submit Comprehensive Plan Amendments for Water Supply Development Projects in an amount not to exceed $46,300 - Consider staff recommendation to approve Wort? Authorization with Camp Dresser and McKee, Inc., for engineering services to prepare and submit Comprehensive Plan Amendments for Water Supply Development Projects in an amount not to exceed $46,300. PULLED P./O. TO MEETING B. Resolution No. 07-379 relating to the State Revolving Fund Loan program and adopt the Preliminary Engineering Report fir the design to expand the North Hutchinson Island Wastewater Treatment Plant to 1.00 million gallons per day - Consider staff recommendation to approve Resolution No. 07-379 relating to the State Revolving Fund Loan program and adopt the Preliminary Engineering Report for the design to expand the North Hutchinson Island Wastewater Treatment Plant. 15. COMMUNITY SERVICES A. Budget Resolution No. 07-380 to encumber and expend funds in the amount of $135,000 as per the contract with the St. Lucie I.N.T.A.C.T., the long-term recovery organization - Consider staff recommendation to approve Budget Resolution No. 07-380 and authorize the Chairman to sign. ~ -1 Con.ent: Agenda November 27, 2007 Page Five 15. COMMUNITY SERVICES CONTINUED B. Approval to short-list contractors from RFQ #07-069 Pre-Qualification of Construction Contractors and approval to enter continuing contracts with the following short listed contractors: Habitat for Humanity, Angus Enterprises and Alton Silver Homes - Consider staff recommendation to approve the short-list contractors from RFQ #07-069 Pre-Qualification of Construction Contractors and approval to enter continuing contracts with the following short listed contractors: Habitat for Humanity, Angus Enterprises and Alton Silver Homes and authorize the Chairman to sign the continuing contracts as prepared by the County Attorney. C. Resolution No. 07-313 to support the elimination of the cap on the Housing Trust Funds - Consider staff recommendation to approve resolution No. 07-313 to support the elimination of the cap on the Housing Trust Funds. 16. PARKS REFERENDUM Change Order No. 6 - Recreation Design and Construction - C04-07-6ss - LaRewood ParR Regional ParR Project - Consider staff recommendation to approve Change Order No. 6 with Recreation Design and Construction (C04-07-65s) in the amount of ($50,710) for a construction cost contingency reduction of "revised" turn lane for the LaRewood Pam Regional ParR and authorize the Chairman to sign. The new contract sum will be $8,993,558. 17. INVESTMENT FOR THE FUTURE River ParR Marina - Preserve Area Mitigation Monitoring - Approve Miller Legg WorR - Consider staff recommendation to approve WorR Authorization with Miller Legg in the amount of $37,700 to perform the scope of selVices needed to meet the Florida Department of Environmental Protection and the U.S. Army Corps of Engineers mitigation monitoring requirements. As this was not a budgeted expense, staff is requesting that the Board approve the use of remaining funds from projects that have been completed in the amount of $17,700 to cover the first year mitigation monitoring cost. Years 2-5 will be budgeted annually. II. PULLED PRIOR TO MEETING HUMAN RESOURCES Request for Board approval to reduce staff in Code Compliance - Consider staff recommendation to approve the reduction of ten (10) Positions in the Code Compliance Division. 19. GRANTS Authorize the acceptance of a grant and signing of contract agreement from Florida Fish and Wildlife ConselVation Commission - Florida Boating Improvement Program for $50,000 to be utilized for design, permitting and renovations to the Summerlin Boat DocR - Consider staff recommendation to accept the grant of $50,000 from the Florida Fish and Wildlife ConselVation Commission for Summerlin Boat DocR and authorize the Chairman to sign the grant agreement. 20. AIRPORT Request the Board approval of Budget Resolution No. 07-377 to establish the Federal Aviation Administration (FAA) grant budget in the adjusted beginning year balance of $1,250,600 for the FPL power line relocation for the Runway 9L127R Runway and Taxiway Project at the St. Lucie County Intemational Airport - Consider staff recommendation to approve Budget Resolution No. 07-377 to establish the Federal Aviation Administration (FAA) grant budget in the adjusted beginning year balance of $1,250,600 for the FPL power line relocation for the Runway 9L127R Runway and Taxiway Project at the St. Lucie County International Airport, and authorize the Chair or designee to execute same. Con.ent: Agenda Nouember27,2007 I) _/l () ~ "A ,4r~/'1 Page Six ~ ~ / /.::;?P~../ /?Y d" 21. STRATEGIC PLANNING ,./ ~ Board approval of the short-listed firms to provide Neighborhood Charrette Services: 1. MSCW 2. Glatting JacRson 3. The Genesis Group Consider staff recommendation to conduct oral presentations with the short-listed firms, then conduct contract negotiations with the successful short-listed firms, and if negotiations are successful, award a contract to the successful short-listed firm and authorize the Chairman to sign the contracts as prepared by the County Attomey. ~ - -"-~ ~, ~~'"""r -,"""""" =',C',~ ,~-jt ANNOUNCEMENTS November 2'7, 2007 !!IIIU 1. The Board of County Commissioners November Monthly Informal Meeting will be held on Tuesday, November 27,2007 at 1:30 p.m. in Conference Room #3. 2. There will be no Board of County Commissioners meeting on Tuesday, December 25, 2007 due to the County's observance of the Holiday. 3. There will be no Board of County Commissioners meeting on Tuesday, January 1, 2008 due to the County's observance of the Holiday. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (m) 462-1m or TOO (m) 462-1428 at least forty-eight (48) hours prior to the meeting. -e; 1..~a.~'~.~"':~~'~Ii' .-.......~...........!J - ""V MW>' ,"''''",,,''',,. ,m- ~ """"'" Charlet Grande, Chairman Doug Coward, Vice Chairman Joteph E. 'mlth Paula A. Lewb Chris Craft: Dbtrlct: NO.4 Dbt:rlct: No. Z Dbtrlct: No. I Dbt:rlct No. J Dbtrlct No. S AGENDA November 27, 2007 I. MINUTE' Approve the minutes from the meeting held on November 6, 2007. Approve the minutes from the meeting held on November 13, 2007. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve warrants List No.7 and 8. 2. MO.QUITO CONTROL Declaration of Surplus Property - Consider staff recommendation to approve the surplus to the District equipment referenced in the attached list, authorize to offer the surplus equipment to interested Mosquito Districts at the values estimated for those items and consideration for "Best Offers" and approve the publicly auction the surplus equipment that is not successfully bid upon by any other district. J. PURCHASING A. Sole Source and Contract with Locher Environmental, Inc., for the purchase, installation and maintenance of three (3) Cellular Telemetry Monitoring Systems for a not to exceed amount of $150,000 - Consider staff recommendation to approve the Sole Source and Contract with Locher Environmental, Inc., for the purchase, installation and maintenance of three (3) Cellular Telemetry Monitoring Systems for a not to exceed amount of $150,000. B. Request Board approval of the follOWing short listed firms and permission to conduct oral presentations to rant? the short listed firms for contract negotiations from Request for Qualifications #07-101, Engineering Services for the Mosquito District: 1. Hazen and Sawyer 2. Kimley-Horn 3. Higgins Engineering 4. Creech Consider staff recommendation to approve the short listed firms and permiSSion to conduct oral presentations from Request for Qualifications #07-101, Engineering Services for the Mosquito District. NOTICE: All Proceedings before this Boord are eiectronically recorded. Any penon who decides to appeal any action taloen by the Board at these meetings will need a record of the proceedinlls and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individua~ testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any Individual testifyinll during a hearing upon request. Anyone with a disability r&quirinll accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1m or TDD (172) 462-1428 at least forty-eight (48) hours prior to the meeting. - ~1~" ~~ ~....I!....a..... .. .,.............. . ..'... ....~. . ..... ~.. . .... ).' l.. ~t_"""",,~1~~... -"'!IN ~". ",,","= T Chrh Craft:, Chairman Charle. Grande, Vice Chairman Jo.eph E. Smith Doug Coward Paula A. Lewh Diatrlct No. I Dlatrict No.4 Dlatrlct No. I Dlat:rict: No.2 District: No. !S AGENDA November 27, 2007 I. MINUTES Approve the minutes from the meeting held on November 6, 2007. Approve the minutes from the meeting held on November 13, 2007. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve warrants List No. 7 and 8. NOTICE: All Proceedings before this Boord ore electronically recorded. Any person who decides to appeal any action taloen by the Boord at these meetings will need a record of the proceedings and for such purpose may need to ensure that 0 verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the 5t. Lucie County Community 5eovices Director at (772) 462-17Tl or TOO (772) 462-1428 at least forty-eight (48) hour> prior to the meeting. 111.tijill~llliij.Iii.~___.II_\\__1i1liiilm_III_mllllilmlllllD November 27, 2007 9:00 A.M. BOARD OF COUNTY COMMISSIONERS ADDmONS AGENDA IIJIWI_W...."'-jjj._lIl'0.#'_i.'iW._I~.I"n'.~~_Yl~!'rti..___III CONSENT AGENDA CA1. PUBLIC WORKS Award of Bid No. 07-103 for the Indian River Estates Stormwater Improvements - Phase I Pump Station project to Close Construction, Inc. in the amount of $4,471,114.00 - Consider staff recommendation to award Bid No. 07-103 for the Indian River Estates Storm water Improvements _ Phase I Pump Station project to Close Construction, Inc. in the amount of $4,471,114.00; establish the project budget as outlined in the attached memorandum and authorize the Chairman to sign the contract as prepared by the County Attorney. CA2. COUNTY ATTORNEY Resolution No. 07-386 - Urging the Governing Board of the South Florida Water Management District (SFWMD) to expedite the completion of the C23/24 Project in St. Lucie County as a key component of the Indian River Lagoon (IRL) Plan - Consider staff recommendation to adopt the attached Resolution No. 07-386 as drafted. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REORGANIZATION MEETING Date: November 13, 2007 Convened: 9:00 a.m. Adjourned: 10:25 a.m. Commissioners Present: Chairman, Chris Craft, Joseph Smith, Doug Coward, Paula A. Lewis, Charles Grande Others Present: Doug Anderson, County Administrator, Faye Outlaw Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Dennis Wetzel, LT. Director, Don West, Public Works Director, Marie Gouin, M & B Director, Beth Ryder, Community Services Director, Edwin M. Fry, Jr. , Clerk of Circuit Court, Millie Delgado-Feliciano, Deputy Clerk I. PROCLAMA TIONS/PRESENT A TIONS Avenue D. Boys' Choir- Chicago Trip- A presentation was made by Mrs. Hendrix regarding the Choir's trip to Chicago. A request for assistance in the amount of $2,000 was made by Mrs. Hendrix. The County Administrator advised the Board there is $1,000 available from the Cultural Affairs. Com. Craft stated he had some funds available as did Com. Smith to make up the additional $1,000. 2. PUBLIC COMMENTS Mr. Jeff Furst, Property Appraiser, addressed the Board with regard to the end ofthe fiscal year and advised the Board his department is attempting to become a fee generated department. They had $826,725.00 left in their account this year. He has asked to reserve $130,000 for automobiles from the $826,000. Mr. Craig Mundt, North A-I-A resident advised the Board of his sponsor of two of the Boys from the Avenue D Boy's Choir and the Choir itself to make their trip successful. He also addressed his request to be appointed to the Panning and Zoning Board. 3. RE-ORGANIZATION A. ELECT THE CHAIRMAN OF THE BOARD At this time the Clerk of Court presided and called for nominations for Chairman of the Board of County Commissioners. It was moved by Com. Craft, seconded by Com. Lewis, to nominate Com. Smith as Chairman of the Board of County Commissioners; and upon roll call motion carried unanimously. B. ELECT VICE CHAIRMAN The Chairman presided and called for nomination for Vice Chairman of the Board of County Commissioners. I It was moved by Com. Grande, seconded by Com. Coward, to nominate Com. Lewis, as Vice Chairman of the Board of County Commissioners, and; upon roll call, motion carried unanimously. C. At this time the Board recessed in order to convene as the Mosquito Control Board, the Erosion District and the Environmental Control Board for their re- organization. Re-convened as the Board of County Commissioners .The Chairman automatically becomes a member unless designated differently: i. St. Lucie County Chamber of Commerce Board of Directors (Lewis) ii. Workforce Development Board of The Treasure Coast Consortium (Craft) iii. Public Safety Coordinating Council (Craft) IV. Shared Services Network Executive Round Table (Smith) v. Tourist Development Council (Coward) vi. Treasure Coast Community Alliance (Smith) vii. Local Government Subcommittee (Smith) . The Chairman appointed the following Commissioner/s to serve on the following boards/committees for a one year term. Alcohol, Drug Abuse and Mental Health Committee (Lewis) Blueway Advisory Committee (Grande) Corridor Advisory Group (Grande) Council on Aging (Lewis) County Coalition for Responsible Management of Lake Okeechobee and St. Lucie and Caloosahatchee Estuaries (Smith) Friends of the St. Lucie County Library (Coward) Indian River Lagoon National Estuary Program Advisory Board (Grande) Land Acquisition Selection Committee (Coward) Law Library Board of Trustees( Lewis) Local Government Subcommittee (Smith, Craft, Lewis) Transportation Planning Organization (Smith, Coward, Lewis, Grande) alternate (Craft) Nineteenth Judicial Circuit Conflict Committee (Lewis) Property & Homeowners Association (Craft) Transportation Disadvantaged Local Coordinating Board (Lewis) Treasure Coast Council of Local Government (Craft) Treasure Coast Regional Planning Council 2 2 members: Coward and Grande 2 alternates: Craft and Lewis Value Adjustment Board (Lewis, Craft, Grande) Sunrise Theater Board (Grande) Treasure Coast Community Action Agency Tripartite Board (Lewis) Children's Services Council (Lewis) Cultural Affairs Council (Craft) Space Needs Committee (Craft) Sustainable Treasure Coast (Grande) Sustainability Advisory Ad Hoc Committee ( Coward) Healthy Kids (Craft) St. Lucie County Bridge and Expressway Authority (Grande, Lewis) St. Lucie County Fire Prevention and Control District (Smith, Coward) Treasure Coast Research and Education Development Authority (Craft) Workforce Development Center (Smith) Weed and Seed ( Smith, Coward) Utility RegionaIization Task Force (Craft) Florida Local Government Investment Trust (Coward) F. It was moved by Com. Craft, seconded by Com. Grande, to ratify the above appointments, and; upon roll call, motion carried unanimously. G. ADVISORY BOARD VACANCIES Commissioner Joseph Smith It was moved by Com. Craft, seconded by Com. Coward, to ratify Commissioner Joseph E. Smith's appointments, and; upon roll call, motion carried unanimously. Commissioner Doug Coward It was moved by Com. Craft, seconded by Com. Lewis, to ratify Commissioner Doug Coward's appointments, and; upon roll call, motion carried unanimously. Commissioner Paula A. Lewis It was moved by Com. Craft, seconded by Com. Coward, to ratify Commissioner Lewis' appointments, and; upon roll call, motion carried unanimously. 3 Commissioner Charles Grande It was moved by Com. Craft, seconded by Com. Lewis, to approve Commissioner Grande appointments, and; upon roll call, motion carried unanimously. Commissioner Chris Craft It was moved by Com. Grande, seconded by Com. Coward, to ratify Commissioner Chris Craft's appointments, and; upon roll call, motion carried unanimously. 6. AT LARGE APPOINTMENTS A. It was moved by Com. Coward, seconded by Com. Lewis to ratify the at large appointments as listed. B. Cultural Affairs- Hilda Ruth McSween, Elise A. Rollins C. Planning and Zoning Commission - Susan Caron, Craig Mundt D. AG PUD Steering Committee- Indian River Citrus League - H.M. Ridgley III St. Lucie County Conservation Alliance- Ray Treacy It was moved by Com. Coward, seconded by Com. Grande, to approve the above appointments to the AG PUD Steering Committee, and; upon roll call, motion carried unanimously. E. Agricultural Development Steering Committee- over 160 acres- Pete Spyke; under 160 acres - Matthew Wynne; At Large- Peter Harrison, Gary Roberts, Dennis Corrick Diane Andrew It was moved by Com. Craft, seconded by Com. Grande, to approve the above appointments to the Agricultural Development Steering Committee, and; upon roll call, motion carried unanimously. 7. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Craft, to approve the Consent Agenda with item C3 pulled, and; upon roll call, motion carried unanimously. 1. Warrant List The Board approved Warrant List No.6. 2. County Attorney Logistics Center- Facilities Use Agreement with The Salvation Army for Angel Tree Program- The Board approved the proposed Facilities Use Agreement with The Salvation Army, and authorized the Chairman to sign the Agreement. 8. COUNTY ATTORNEY Jail Overcrowding Litigation- Proposed Settlement- Consider staff recommendation to approve the Settlement Agreement and authorize the Chairman to sign the Agreement. The County Attorney gave an overview of the Settlement Agreement. It was moved by Com. Craft, seconded by Com. Coward to approve staff recommendation, and; upon roll call, motion carried unanimously. 4 11/09/07 F.ZABWARR FUND 001 001180 001182 001183 001404 001408 001424 001814 101 101001 101002 101003 101004 101006 102 102001 102804 107 107001 107002 107003 107006 107204 109 ( J01 140133 140335 140341 150 160 183 183001 183003 183004 184205 184209 185008 189201 310002 316 401 418 451 458 461 471 478 479 491 505 505001 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST # 6- 03-NOV-2007 TO 09-NOV-2007 FUND SUMMARY TITLE General Fund US Dept Housing HOD Shelter Plus Gr CSBG Grant n07 Section 112/MPO/FHWA/Planning 2007 05 CDBG Sup Disaster Recovery 2005 Emergency Hurricane Supp1emen Dept of Financial Services My Safe Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust Inter1oca1s Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU SFWMD Harmony Heights Stm Phase I Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surohar Fine & Forfeiture Fund-BOO Mhz Oper F&F Fund-Court Related Technology FL Dept Juvenile Justioe-DMC Civil Drug Abuse Fund Port & Airport Fund Port Fund Construct Runway 9L/27R Parallel Runway Design-9L/27R Construction of Airport Rescue & Fi Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court FDEP Fort Pierce Shore Protection P PDEP - Fort pierce Shore Protection FHFA Hurrioane Housing Recovery FHFC Hurricane Housing Recovery PIa Impact Fees-Parks County Capital Sanitary Landfill Fund Golf Course Fund S. Hutohinson Utilities Fund SH Uti1-Renewa1 & Replacement Fund Sports Complex Fund No County utility District-Operatin No Cty Util Dist-Renewal & Replaoe No Cty Util Dist-Capital Facilities Building Code Fund Health Insuranoe Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL. EXPENSES 774,364.03 174.28 2,146.06 2,433.70 103,663.52 60,375.00 196.47 1.42 34,868.01 29,355.00 72,612.68 37,893.41 22,373.74 2,500.00 113,867.93 73,275.54 20,865.00 167,729.09 422.90 1,294.40 4,048.97 114,825.05 193.65 35.00 22,478.77 33.37 18,963.90 998.10 222,518.70 1,851.91 1,717.30 3,188.07 20.00 1,020.00 3,892.19 634.86 14,782.90 3,141.59- 6,514.38 18,054.00 42,256.98 99,764.77 28,544.54 12,128.60 540.50 31,872.70 11,508.28 955.73 11,059.47 44,219.13 192,731.45 9,204.87 10,000.00 16,696.32 74,19B.60 2,538,723.65 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,904.64 0.00 0.00 0.00 0.00 3,904.64 1 Com. Grande requested ratification of his appointment of Ed Lounds to the AG PUD Committee. It was moved by Com. Craft, seconded by Com. Coward to ratify Com. Grande's appointment of Ed Lounds to the AG PUD Committee, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 5 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: November 20, 2007 Convened: 6:00 p.m. Adjourned: 8:30 p.m. Commissioners Present: Chairman, Joseph Smith, Paula A. Lewis, Doug Coward, Chris Craft, Charles Grande Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Heather Young, Asst. County Attorney, Neil Appel, Purchasing Director, Mark Satterlee, Growth Management Director, Don West, Public Work Director, Dennis Wetzel, IT Director, Michael Brillhart, Economic and Strategic Development Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Craft, seconded by Com. Lewis to approve the minutes ofthe meeting held November 6, 2007, and; upon roll call, motion carried unanimously. 2. PROCLAMA nONS/PRESENT A nONS None 3. GENERAL PUBLIC COMMENTS Mr. John Arena, Ft. Pierce resident, addressed the grant requested for the Geoplasma plant. He also addressed the unemployment rate in St. Lucie County and wind turbines. 4. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Craft, to approve the Consent Agenda, with item C-2 A pulled and the addition of item CA-l and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No.7. 2. COUNTY ATTORNEY A. Perpetual Easement along Canal No. 1- Paradise Park Stormwater Improvement- Ft. Pierce Farms Water Control District- Resolution No. 07- 346- This item was pulled prior to the meeting. Com. Smith requested this item be re-agendad as soon as possible after all issues have been resolved. B. South 25th St Roadway Widening- Midway Road to Edwards Road- Temporary Construction Bible Baptist Church ofFt. Pierce, Inc., - The Board accepted the Temporary Construction Easement, authorized the Chairman to sign Resolution No. 07-373 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. C. Conservation Easement- Gentile Land Resolution No. 07-376 - the Board approved accepting the Conservation Easement authorized the Chairman to 1 . 11/16/07 FZABWARR ( FtIND 001 001180 001183 001194 001195 001404 001405 001412 001418 001419 001420 001424 001814 101 101001 101002 101003 101004 101006 102 102001 105 107 107001 .' ')02 ( a03 107006 107204 121 129 140 140001 150 160 183 183001 183004 183006 184210 184211 185006 185007 185009 189201 310002 316 317 362 382 401 418 451 458 461 471 478 479 491 505 505001. 611 801 ( ST. LUCIE COUNTY - BOARD WARRANT LIST # 7- 10-NOV-2007 TO 16-NOV-2007 FUND SUMMARY TITLE Generat Fund US Dept Housing HOD Shelter Plus Gr Section 1.12/MPO/FHNA/P1anning 2007 U.S. Dept of Housing &: Cammunity Cammunity Services Block Grant 05 CDBG Sup Disaster Recovery St Lucie Co Special Needs She1t CTD Medicaid Non-Bmrg Grant FY 07 FDCA BMPA n07 FDCA-Construct County BOC TDC Planning Grant 07 Dept of Pinancial Services My Safe Ploridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust Inter10cals Transportation Trust/80' Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Pees Unincorporated Services Fund Drainage Maintenance MSTO Library Special Grants Fund Pine &: Forfeiture Fund Fine &: Porfeiture Fund-Wireless Sur Fine &: Forfeiture Fund-B91.1. Surchar Pine " Porfeiture Fund-800 Mhz Oper F&:P Fund-Court Related Technology FL Dept Juvenile Justice-DMC Civil Blakely Subdivision Fund Parks MSTO Fund Port " Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-1.9th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin. - Teen Court Guardian Ad Litsm Fund FDEP - SLC South Dune Restoration FDEP South SLC Beach Restoration FHFA SHIP n05/06 FBFA SHIP Fr06/07 FBFA SHIP 2007/2008 FBFC Hurricane Housing Recovery Pla Impact Pees-Parks County Capital County Capita1-St Revenue Share Bnd Sports Complex Improv Fund Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal " Replacsment Fund Sports Complex Fund No County OtilityDistrict-Operatin No C~ Util Dist-Renewal &: Replace No C~ Uti1 Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Bank Fund GRAND TOTALI EXPENSBS 510,169.83 7,503.20 1,060.28 1,428.42 2,913.17 97.44 5,708.75 44,376.00 3,000.00 1,344.39 76.04 1,196.56 165.59 5,574.62 74.69 49,659.98 54,797.31 6,056.47 8,040.81 48,343.69 14,583.33 466.56 291,350.37 82.34 12,523.26 2,254.85 8,424.64 118.75 84.39 83,772.00 6,375.08 827.08 1,049.82 3,721.51 110,087.22 200.00 755.92 1,685.51. 7,047.36 23,800.54 9.69 9,864.36 79.63 5,062.92 57,998.22 72,175.02 46,845.32 9,300.00 119.25 75,150.06 17,489.03 15,515.59 36.74 23,533.63 15,554.01 101.41 101.57 9,395.62 473,640.96 175.65 7,671.30 261,840.21 2,422,457.96 PAGE PAYROLL 691,644.87 258.56 4,459.91 0.00 1,439.06 1,381.24 0.00 0.00 0.00 0.00 792.90 0.00 1,391.91 43,078.26 976.30 48,178.84 34,260.13 20,250.02 0.00 88,437.34 6,957.60 0.00 153,337.69 1,081.20 2,128.40 0.00 8,488.00 1,552.31 0.00 0.00 16,371.40 0.00 1,147.20 3,390.09 0.00 0.00 3,725.90 0.00 0.00 0.00 0.00 0.00 1,083.20 2,093.92 0.00 0.00 0.00 0.00 0.00 67,606.60 22,933.53 1,569.16 493.86 18,382.89 8,666.38 1,359.21 1,359.96 58,585.78 7,681.50 2,340.00 178.20 0.00 1,329,063.32 1 sign Resolution No. 07-376 and directed staff to record the document in the Public Records of St. Lucie County, Florida. D. Gator Lake Estates- Contract for Sale and Purchase- John Honea and John M. Toole- The Board approved the contract for Sale and Purchase with John Honea and John M. Toole for $60,500. authorized the Chairman to execute the contract and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. 3. GROWTH MANAGEMENT A. Request of Thomas Lucido & Associates, on behalf of PGA Golf Development Inc., for Final Plat approval for the project to be known as Fourth Replat in PGA Commerce Center at the Reserve- The Board approved the Fourth Replat in PGA commerce Centre at the Reserve and authorized staff to complete the fmal processing of this plat. B. Request of Ocsar P. Frozini and Fernando Velasco, for final plat approval for the project to be known as Gentile Land Subdivision.- The Board approved the final plat of Gentile Land Subdivision and the recording. 4. ECONOMIC AND STRATEGIC DEVELOPMENT Road Impact Fee Credit Agreement- NNN/1 031 No. 16 SR 70 Jenkins LLC (Ram Realty Services- Okeechobee Crossings) - The Board approved the Road Impact Fee Credit Agreement and authorized the Chairman to sign the Agreement. 5. PUBLIC WORKS A. Port ofFt. Pierce Entrance Road (North 2nd Street) Work Authorization No.8 with Taylor Engineering- The Board approved Work Authorization No.8 with Taylor Engineering, Inc., in the amount of$32,193.95 for Master Plan Additional Engineering services related to North 2nd Street Improvements and authorized the Chairman to sign. B. Road and Bridge Division - The Board approved and authorized the Road and Bridge Division and the Sheriff's office to swap the Talbert Lowboy Trailer and Volvo Daycab Semi-Tractor for an even trade. C. Engineering Division- Request approval of Change Order No. 1- The Board approved Change Order No.1 to Contract C07-03-207 for an extension of time to December 21, 2007 and to provide additional funds in the amount of $12,701.00 to Johnson Davis for unexpected construction services for the Solida Circle Drainage Replacement project. D. Engineering Division - Canoe Creek M.S.B.U.- Potable Water Improvements Request Permission to Advertise initial Public Hearing- The Board accepted the Petition and granted permission to advertise an Initial Public Hearing to be held on December 18, 2007 to consider creating the Canoe Creek MSBU. E. Engineering Division- Additional Professional Engineering Services for Stormwater Management Design- Amendment No, 1 to work Authorization No.2 with Creech Engineers, Inc., in the amount of $96,420.00 for the Paradise Park Subdivision Stormwater Improvements Phase 3 and a time extension through December 31, 2009- The Board approved Amendment No. 1 to Work Authorization No.2 with Creech Engineers in the amount of $96,420.00 for the redesign of Paradise Park Subdivision Stormwater Improvements Phase 3 a time extension through December 31, 2009 and authorized the Chairman to sign. F. Engineering Division- Second Amendment to the December 20,2005 Agreement with Inwood Consulting engineers in the amount of $31 ,654.83 for 2 required updates to the Project Design and environment study for Walton Road from Village Green to Lennard Road- The Board approved the Second Amendment to the December 20, 2005 Agreement with Inwood Consulting and authorized the Chairman to sign. G. Engineering Division- Edward Road and Selvitz Road Intersection- The Board approved the transfer of impact fees funds into the project budget for right of way acquisition for Edwards Road and Selvitz Road intersection, and authorized the Chairman to sign. 6. COMMUNITY SERVICES A. Permission to accept grant agreement between the United States Department of Housing and Urban Development and the St. Lucie county HOME Consortium in the amount of $671,573 for the HOME Investment Partnership Program- The Board accepted the grant and approved the agreement between the United States Department of Housing and Urban Development and the St. Lucie County HOME Consortium in the amount of $671,573 for the HOME Investment Partnership Program and authorized the Chairman to sign all necessary documents. B. Request for Board approval of Resolution No. 07-340 accepting the State of Florida Department of Transportation, District 4, Public Transportation Joint Participation Agreement to provide funding to operate and market new fixed route and deviated fixed route transit services in St. Lucie County and approve the contract with Council on Aging of St. Lucie, Inc. to provide these services- The Board approved Resolution No. 07-340. C. Request Board approval to seek a time extension of up to one year for Florida Department of Transportation Joint Participation Agreement for the Port St. Lucie Zoned Routes- The Board approved pursuing a time extension of up to one year for FDOT's Joint Participation Agreement for the Port St. Lucie Transit Routes and authorized the Chairman to sign the extension and nay other necessary documents. D. Acceptance of the FY 07/08 Trip Equipment Grant with the Commission for the Transportation Disadvantaged for trips for our transportation disadvantaged citizens and approval of Budget Resolution No. 07-371 to encumber and expend the funds- The Board approved the grant and Resolution No. 07-371. E. Request Board approval of Resolution No. 07-365 for the Intermodal funds for designing the transfer facility- The Board approved Resolution No. 07- 365 and authorized the chairman to sign all necessary documents. F. Request for Board approval of Resolution No. 07-366 for the continued coordination of Medicaid Non Emergency Transportation through Florida's Coordinated Transportation system - The Board approved Resolution No, 07- 366 and authorized the Chairman to sign all necessary documents. G. Request for Board approval to amend the language to sub-grant Agreement with Council on Aging of St. Lucie, Inc., pursuant to the Florida Department of Transportation Joint Participation Agreement # AOG76 in the amount of $40,000 grant to be used for various types of marketing medium not limited to radio promotion of the Treasure coast Connector- The Board approved the proposed third amendment to the Sub grant Agreement with Council on Aging of St. Lucie, Inc., and authorized the Chairman to sign all necessary documents. H. Acceptance of funding in the amount of $312,660 as per contract C06-05-829 with United Department of Housing and Urban Development and approve Budget Resolution No. 07-370 in order to encumber and expend the funds- 3 The Board accepted the grant award of $312,660 approved Budget Resolution No. 07-370 and authorized the Chairman or designated representative to sign all necessary documents. 1. Acceptance of the FY 07/08 Community Services Block Grant from State of Florida department of Community Mfairs in the amount of $285,464 and approval of Budget Resolution No. 07-368- The Board approved accepting the grant award and approved Budget Resolution No. 07-368 to encumber and expend the funds. 7. PURCHSING A. Board approval to advertise a Request for Proposals to provide kayak rentals and excursions- The Board approved issuing a RFP to provide kayak rentals and excursions at selected park locations. B. Board approval to award Invitation to Bid # 07-093 Phase III Security Fencing and Culverts to the lowest responsive responsible bidder Custom Built Marine Corp., for the base price of$153,891.83 - The Board approved awarding Bid # 07-093 to Custom Built Marine Corp for the base price of$153,891.83 and authorized the Chairman to sign the contract as prepared by the Count Attorney. C. Board approval to reject all responses for RFP No. 07-104 Media Services for the St. Lucie County Fairgrounds, and re-issue the RFP- The Board approved rejecting all responses for RFP No 07-104, Media Services for the St. Lucie county Fairgrounds and re-issue the RFP. D. Fixed Asset Inventory Property Record Removal for the St. Lucie County Property Appraiser- the Board approved removing the records requested from the fixed asset inventory of the Board of County Commissioners. 8. AIRPORT A. Approve Second Amendment to Interlocal Agreement with St. Lucie County Fire District to increase the Fire District's contribution for the St. Lucie county International Aircraft Rescue and Fire District by an additional amount not to exceed $45,000 to cover the cost of upcoming change orders- The Board approved the Second Amendment to the Interlocal Agreement in an amount not to exceed $1,349,520 for anticipated change orders costs of up to $45,000 and authorized the Chair or designee to execute same. B. Request approval of Second Amendment to Work Authorization # 15 for PBS&J to prepare an update to the Airport Layout Plan for the St. Lucie County International Airport, for an extension of time for completion to March 31, 2008 with no change in cost- The Board approved the Second Amendment to Work Authorization # 15 and authorized the Chair or designee to execute same. 9. GRANTS A. Authorize the Chairman of the Board to sign a renewal subscription agreement for eCivis Grant Locator- The Board authorized the Chairman signing the renewal subscription agreement. B. Authorization ofthe acceptance of a grant agreement from the Florida Department of Community Affairs, Division of Emergency Management, Residential Construction Mitigation Program awarding the a mount of $23,056 to further a program to provide wind resistant remedies for low income homes- the Board authorized the acceptance of the grant agreement. 10. AGRICULTURAL EXTENSION 4 Request Permission to add Manitowoc ice maker to Capital Assets Inventory list and that it be maintained by St. Lucie County- The Board approved the request to add the Manitowoc ice maker to the Capital Assets Inventory list. 11. CENTRAL SERVICES New Clerk of Court Building - City of Ft. Pierce Utilities Authority Utility Easement for Sanitary Sewer and Gas Distribution Line- The Board approved the City of Ft. Pierce utility easement for sanitary sewer and gas distribution line for the use and benefit of the Ft. Pierce Utilities Authority for the New Clerk of Court Building, and authorized the Chairman to sign. 12. PUBLIC SAFETY Accept the Shared Reimbursement of First Call Network Expenses from Port St. Lucie Police Department and Ft. Pierce Police Department for a total of $5,054.26- The Board approved the Budget Resolution No. 07-365 to accept the $5,054.26 from Port St. Lucie Police Department and Ft. Pierce Police Department for their share of First Call Network System and authorized the Chairman to sign. 13. INFORMATION TECHNOLOGY Request to replace the existing intranet server due to security risks and vulnerabilities and utilize the funds in the Equipment Request 08-291 in order to cover the cost of the servers- The Board approved the requested purchase in the amount of $52, 182.36 for the Internet Server Replacement project and utilize the funds in the EQ 08-291 to cover the cost of the servers. 14. SHERIFF'S OFFICE Accept a 2007 Bulletproof Vest Partnership Grant in the amount of$21,977.69 - Budget Resolution No. 07-367- The Board approved accepting the 2007 bu1letproofvest partnership grant award on behalf of the S. Lucie County Sheriffs office- Budget Resolution No. 07-367. 15. ADMINISTRATION A. AG PUD Steering Committee- The Board ratified Com. Coward's appointment of Dr. Chuck Olson, PhD to the AG PUD Steering Committee. B. AG PUD Steering Committee- Farm Credit of South Florida- The Board ratified Robby Johnson as the representative for the Farm Credit of South Florida to the Agricultural Development Steering Committee. CA-l COUNTY ATORNEY Logistics Center- Facilities Use Agreement with St. Lucie Toys for Tots- The Board approved the proposed Facilities Use Agreement with St. Lucie Toys for Tots, and authorized the Chairman to sign the agreement. REGULAR AGENDA PUBLIC HEARINGS 5.A COUNTY ATTORNEY (0:10:02:11) Ordinance No. 07-057- Consider staff recommendation to adopt Ordinance No, 07-057 amending Chapter 1-2 of the St. Lucie county Code and Compiled Laws to create Article VII "Graffiti" . 5 The Assistant County Attorney addressed the changes. It was moved by Com. Grande, seconded by Com. Lewis, to approve Ordinance No. 07- 057, and; upon roll call, motion carried unanimously. 5.B GROWTH MANAGEMENT St. Lucie Family Recreation Center LLC- Consider staff recommendation to approve Resolution No. 07-286 granting a Major Adjustment to the Approved Conditional Use Permit for the St. Lucie Family Recreation Center to allow the paintball activities to continue with modified hours of operation as specified in the conditions of approval. Staff addressed a correction in the closing time from 11 :00 p.m. to 1 0:00p.m.. This was agreed to by the neighbors. The petitioner addressed the Board and requested normal operating hours during the summer months. Ms. Amy Davis, Harmony Heights resident addressed the Board and stated they had tolerated the noise coming from the site however when they started hearing loud speakers they then complained to the owner and he since then has removed the speakers. Mr. Kent Bowe, Harmony Heights resident addressed the Board and expressed his concerns with the profanities heard from the site around the neighboring homes. The applicant advised the Board he had resolved this problem by informing his guests that profanities are not permitted and those who use this language will be removed. It was moved by Com. Grande, seconded by Com. Craft to approve Resolution No. 07- 286 with the modifications of the hours of operations being closing Monday through Thursday at 9:00 p.m. and Friday, Saturday and Sunday and holidays at 10:00 p.m., and; upon roll call, motion carried unanimously. 5.C GROWTH MANAGEMENT Petition ofLotux Investments LLC- Per staff's meeting with the applicant on October 24, 2007 to review and discuss the issues raised at the BOCC meeting of October 2, 2007 and the resultant outcome of those deliberations staff recommends approval of Draft Resolution No. 07-129 granting Final Planned Unit Development Site Plan approval and rezoning to Planned Unit Development for the project to be known as Estancia - PUD subject to limiting conditions. Quasi -Judicial- All the Board members acknowledged meting with the applicant and representative. Mr. Lee Dobbins, Klein and Dobbins Law Firm, representing the applicant, addressed the Board on this item. He advised the Board the gates and walls would be removed with the exception of the south side of the project. He stated the neighbors to the north had requested the walls remain contrary to the Board's request. Mr. David Lawrence, Architect for the project advised the Board of the changes being the increase in number of trees to the west, the maturity of those trees now 12'to 16'; the maturity of the hedge to 48" and the berm 18"-24" from the baseline of elevation being adjacent finish grade. Ms. Susie Caron, Indrio Road resident, addressed the Board and requested clarification of existing elevation vs. final finish floor. Com. Coward concurred with term" adjacent finish grade". 6 Ms. Pamela Hammer, Reserve resident, expressed her concerns with this being the "Final Development Site Plan". She felt staff had not seen all the changes. Com. Coward stated he was very pleased the applicants took the initiative to make revisions and these changes are exceeding the codes and he is very pleased. Com. Grande advised the Board he would not be supporting this project. He stated he did not support this project in the past due to the doubling in density based on the old zoning. It was moved by Com. Lewis, seconded by Com. Craft to approve Draft Resolution No. 07-129 with the deletion of the gates and the term "adjacent finish grade" added, and; upon roll call, the vote was as follows: Nay: Grande, Aye's: Lewis, Craft, Coward, Smith; motion carried by a vote of 4 to 1. 5.D GROWTH MANAGEMENT Petition of Paul Broome for a 12 month extension of the approved Final Development Site Plan known as Entrada- Draft Resolution No. 07-319- Consider staff recommendation to adopt Draft Resolution No. 07-319 which would grant a 12 month extension of the approved project to allow the new expiration date to be October 19,2008 It was moved by Com. Grande, seconded by Com. Craft, to approve Resolution No. 07- 319, and; upon roll call, motion carried unanimously. 5.E GROWTH MANAGEMENT Petition of Centex Homes for an Amendment to the Official Zoning Atlas to change the zoning from the PUD zoning district to the Industrial Light - Consider staff recommendation to adopt Resolution 07-285 granting an Amendment to the Official zoning Atlas to change the zoning from the PUD to the Industrial Light. QUASI JUDICIAL Com. Craft, Smith and Coward acknowledged having contact with applicant and counsel. Ms. Noreen Dwyer, Ruden, McCloskey Law Firm addressed the Board on this issue. Com. Coward advised the Board and the applicant that the area to the west of the project has residents and there would possible be more coming in the future and he wanted to make sure the residents were aware the county was not placing factories in the residents back yards. He also questioned vesting and concurrency issues. The Board was advised that staff and the County Attorney are working with the applicant to resolve these issues. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 07- 285, and; upon roll call, motion carried unanimously. 5.F GROWTH MANAGEMENT Consider staff recommendation to approve Draft Resolution No. 07-288 granting an Amendment to the Official Zoning Atlas to Change the Zoning from the AG zoning district to the IL zoning district. Mr. Lee Dobbins, Klein and Dobbins, Law Firm addressed the Board on this item and advised them the site plan is in the process and they are still working on off site road improvements to address the traffic issues. It was moved by Com. Grande, seconded by Com. Craft to approve Resolution No. 07- 288, and; upon roll call, motion carried unanimously. 7 5.G GROWTH MANAGEMENT Consider staff recommendation to approve Draft Resolution No. 07-289 granting a Amendment to the Official Zoning Atlas to change zoning from the AG zoning district and IX to IH zoning district. It was moved by Com. Coward, seconded by Com. Craft, to approve Resolution No. 07- 289, and; upon roll call, motion carried unanimously. 5.H GROWTH MANAGEMENT TVD Interim Land Development Regulations- Consider staff recommendation to approve Ordinance No. 07-055. It was moved by Com. Lewis, seconded by Com. Grande to approve Ordinance No. 07- 055, and; upon roll call, motion carried unanimously. 5.1 GROWTH MANAGEMENT Petition of Jim Coseo for an Amendment to the Official Zoning Atlas to change the Zoning from AG-5 to the PUD zoning district and Preliminary Planned Unite Development Site Plan approval for the development of a single family residential subdivision consisting of382 acres and 76 single family lots to be known as Shinn Lakes- PUD Draft Resolution No. 07-130- Consider staff recommendation to adopt Resolution No. 07-130. Com. Coward thanked the applicant for working with staff. QUASI- JUDICIAL All Board members acknowledged having contact with the applicant. Mr. Jim Caseo, applicant addressed Com. Grande's comments and explained what they were planning to do with the property i.e. clustering of the residential and what would be kept agriculture. He also addressed the open space and back yard issue. Mr. Caseo addressed lines 41, 42 and 43 and requested these lines be stricken not to place an undue burden on a potential farmer or owner should there be a problem with canker or something other on this Ag property. Com. Coward questioned if subsection B be could be removed and asked there be clarity that the Board is supporting continues agricultural use of the area not in the sub-division. The Planning Manager addressed line 21, 22 and 23 in Sub- Paragraph D "agricultural preservation" also in sub-paragraph B as well. Mr. Erin Bowers, Engineer for the project apologized for the confusion and clarified the mix up. Com. Grande stated they are coming out with a PUD with an unusual interpretation of what the 35% is. He does not have a problem approving this if the AG PUD applications in the pipeline can be approved on a one by one basis without setting a precedent that can be referred any subsequent application. The Assistant County Attorney stated with this particular parcel they looked at the conceptual plan, it was the whole idea of looking at these situations on a case by case basis. 8 Com. Craft stated they may need to put a time line and remove the word "citrus" it may get to what the intent staff had. Com. Coward stated he felt it was unrealistic and it should be left to the market and would be a costly burden to an uncertain owner and would not vote in favor if such a provision was inserted. Com. Grande stated he concurred with Com. Coward in not placing undue restrictions. It was moved by Com. Coward, seconded by Com. Craft to approve Resolution No, 07- 130 with the elimination of paragraph 3-B starting at line 39 on page 4 and ending on line 44 and the removal of subsection B in its entirety, and; upon roll call, motion carried unanimously. 5.1 GROWTH MANAGEMENT Petition of Ginn LA St. Lucie, LRD, LL)P for a Conditional Use Permit for a 7,700 square foot Beach Club as part of a 100 unit condominium in the HIRD zoning district and PUD - Pelican Pointe zoning district - Consider staff recommendation to approve Draft Resolution No. 07-248. Mr. Rick Ricannis, representing Ginn was present to answer any questions the Board may have. Ms. Pam Hammer, Planning and Zoning member advised the Board the concern was whether membership would be extended to Stark Ranch. Mr. Ricannis stated the membership would only be made available to the Tesoro PUD residents who are the only non-resident group. Com. Coward stated he felt the Board did not need to be concerned as to who would be a member of the club, but rather the other more important issues. It was moved by Com.Craft, seconded by Com. Lewis, to approve Resolution No. 07- 248, and; upon roll call, motion carried unanimously. 5.K GROWTH MANAGEMENT Petition of Prayer Tower International for an Amendment to the Official Zoning Atlas to change the zoning from the RS-4 to the RF zoning district- Consider staff recommendation to accept the withdrawal request of Prayer Tower International. It was moved by Com. Craft seconded by Com. Grande to accept the withdrawal of Prayer Tower International, and; upon roll call, motion carried unanimously. 5.L COUNTY ATTORNEY Ordinance No. 07-058 Amending Section 1-12-36 (General Business) to correct a scrivener's error in the biennial increase for general business employing five or fewer employees- Consider staff recommendation to adopt proposed Ordinance No. 07-058 as drafted. The Assistant County Attorney advised the Board of the fee correction of $15.1 0 rather than $15.90 as previously stated. It was moved by Com. Coward, seconded by Com. Craft, to approve Ordinance No. 07- 058, and; upon roll call, motion carried unanimously. 9 5.M COUNTY ATTORNEY First Public Hearing on Ordinance No. 07-054- Water Conservation Plan- This is the first public haring on Ordinance No. 07-054. The second public hearing will be held on December 11, 2007 at 9:00 a.m. or as soon thereafter as it may be heard. Com. Grande requested consideration be given to change the penalty for the following days after the first offense to $25.00 per day. Staff was directed to draft a Resolution available for the November 27,2007 meeting for the Board to review and approve. No action required. END OF PUBLIC HEARINGS 6. GROWTH MANAGEMENT Petition of Ginn LA St. Lucie, LID LLP for a 12 month extension of the approved Major Site Plan for a 100 unit condominium including a 7,700 square foot beach club known as Tesoro Beach Club in the HIRD and PUD zoning districts- Consider staff recommendation to approve Draft Resolution No. 07-137 which would grant a 12 month extension. It was moved by Com. Craft, seconded by Com. Lewis to approve Resolution No. 07- 137, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 10 ". i AGENDA REOUEST ITEM NO. ;:A DATE: November 27, 2007 REGUI~AR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUB:MITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 07-309 - Proclaiming November 15, 2007, as "PHILANTHROPY DAYS" in St. Lucie County, Florida. BACKGROUND: Millie Wood-Goldsby, National Philanthropy Day Co-Chair and Development & Public Relations Consultant, for Comcast, has requested that this Board Proclaim November 15, 2007, as "Philanthropy Day" in St. Lucie County, Florida. The attached Resolution No. 07-309 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that this Board adopt the attached Resolution No. 07-309 as drafted. COMMISSION ACTION: ~] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CE: County Attorney: ~/ Review and Approvals Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eft. 5/96 ~ \ RESOLUTION NO. 07-309 A RESOLUTION PROCLAIMING NOVEMBER 15, 2007, AS uPHILANTHROPY DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Philanthropic organizations are responsible for enhancing the quality of life of people. 2. Philanthropy is a uniquely American tradition and our American nonprofit sector is the model for countries around the world. 3. Voluntary associations formed to address societal needs are an integral part of American society. 4. The history of American philanthropy is filled with the names of the earliest Americans, and their efforts spawned universities, free public libraries, home for widows and orphans, and volunteer fire departments, to name a few. 5. In 2006, Americans contributed more than $260 billion to 1 million charities registered with the Internal Revenue Service; and contributed more than 16 billion volunteer hours to nonprofit organizations. 6. America's nonprofit sector now accounts for nearly 10 percent of the American workforce. 7. Today the nonprofit sector affects nearly every citizen in one way or another, from museums and concerts, school-sponsored .... day trips, the little leagues and other groups that enrich our youth, to social services agencies that provide food, clothing, housing and training for those less fortunate. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim November 15, 2007, as UPHILANTHROPY DAY" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County, Florida, to recognize the tradition of philanthropy as it continues to improve and enhance the lives of all by promoting the common good. PASSED AND DULY ADOPTED this 27th day of November, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY r .. From: To: Date: Subject: Attachments: "Millie Wood" <mwoodgoldsby@comcast.net> <odonnele@stlucieco.gov> 10/4/2007 12:41 PM Proclamation - National Philanthropy Day 07 5LC Proclamation.doc; Proclamation Example.doc Dear Ms. ODonnele: As per our phone conversation, attached please find proclamation request letter and example for National Philanthropy Day. Our luncheon event this year, honoring area contributors to 5t Lucie and Martin County non-profit charitable groups, will take place on November 29 at The Tesoro Club in Port St Lucie. Nationally, the day set aside is November 15 by the 28,000+ members of the Association of Fundraising Professionals. St Lucie County has honored this day with proclamations annually and we look forward to your consideration of this request again for 2007. Thank you, Millie Wood-Goldsby Development & Public Relations Consultant 402 SE Oakridge Drive Port St Lucie, FL 34984 772.879.2794 (phone/fax) 772.475.3318 (cell) mwoodgoldsby@comcast.net (email) {/~1~1 dA j,jfa d:mllle, k P(~pJl~ tKl 1Dh{07 CHANGE THE WOll,lO WiTH A GIViNG HEART National Philanthropy O.ay. 2007 P.vent Co-elUzirs lDe60rali !M. JolilUOfl, C'Ffl!j'. The Pine School !Miifle 'Wood'-C]olifs6y Consultant 2007 Committu Renee Booth Children's Museum Kim Capen Gulfstream Media Group Judy Cruz J\;{olly's Huuse Robin-Hicks-Connors, CFRE Elliott Museum Suzanne Horstman, FAHP Library Foundation of Martin County Michelle King United Way of St Lucie County Dale Kostakos Helping People Succeed Linda M dton The Daniel M. Foundation Ellen Pieitz Elliott Museum N aney Perry Florida Oceanographic Society Lis a Rhodes Education Foundation of Martin County Bonnie Royster, CFRE Council on Aging of :Martin County Joanne Towner, CFRE Easter Seals Nancy Turrell, CFRE Arts Council of J\.iartin County Pat Williams Regan Communications Ex-Officio Diane Charette PresiJent, AFP Treasillc Coast Chapter Association of Fundraising Professionals Treasure Coast Chapter October 3, 2007 NATIONAL PHILANTHROPY DAY" The Association of Fundraising Professionals (AFP), Treasure Coast Chapter is an organization of professionals that includes St. Lucie and Martin Counties. We annually host an event to honor our area philanthropists and volunteers called National Philanthropy Day" (NPD). The l3d. annual event will be held Thursday, November 29th at The Tesoro Club, Port St Lucie. First held in 1986, the event celebrates the endless daily contributions of individuals, corporations and organizations to countless causes and missions. NPD, a registered trademark with the U. S. Department of Commerce, is coordinated by the local chapters of the Association of Fundraising Professionals. In 2006, more than 140 AFP chapters across North America held NPD events. November 15 has been designated the national permanent date for NPD, however, the Treasure Coast Chapter holds the event at various dates in November. The event provides an opportunity to reflect on the meaning of giving and all that it has made possible. It's a chance to remind our local communities that the spirit of giving is alive and well. Our chapter will honor all nominees and recipients in the following categories: · Individual Philanthropist · Corporate Philanthropist · Small Business Philanthropist (new this year) · Volunteer Fundraiser of the Year . Youth in Philanthropy · Outstanding Group Supporting Philanthropy . Unsung Heroes · President's Award Our chapter respectfully requests St Lucie County recognize National Philanthropy Day by this proclamation. Thank you for this consideration. Sincerely, .Millie Wood~Goldsby, NPD Co-Chair Development & Public Relations Consultant NPD Co-Chair 402 SE Oakridge Drive Port St Lucie, FL 34984 (772) 879~2794 mwoodgoldsby@comcast.net ,- Sample NPD Proclamation Whereas, philanthropic organizations are responsible for enhancing the quality of life of people; and Whereas, philanthropy is a uniquely American tradition and our American nonprofit sector is the model for countries around the world; and Whereas, voluntary associations formed to address societal needs are an integral part of American society; and Whereas, the history of American philanthropy is filled with the names of the earliest Americans, and their efforts spawned universities, free public libraries, home for widows and orphans, and volunteer fire departments, to name a few; and Whereas, in 2006, Americans contributed more than $260 billion to I million charities registered with the Internal Revenue Service; and Whereas, in 2006, Americans contributed more than 16 billion volunteer hours to nonprofit organizations; and Whereas, America's nonprofit sector now accounts for nearly 10 percent of the American workforce; and Whereas, today the nonprofit sector affects nearly every citizen in one way or another, from museums and concerts, school-sponsored day trips, the little leagues and other groups that enrich our youth, to social services agencies that provide food, clothing, housing and training for those less fortunate: Now, therefore, I, [MAYOR'S NAME], Mayor of the City of [NAME OF CITY], do hereby proclaim November 15,2007, to be National Philanthropy Day in [NAME OF CITY], and urge all citizens of [NAME OF CITY] to recognize the tradition of philanthropy as it continues to improve and enhance the lives of all by promoting the common good. Dated this _ day of November, 2007. SIGNATURE OF MAYOR I~--'--- Dear Ms. ODonnele: As per our phone conversation, attached please find proclamation request letter and example for National Philanthropy Day. Our luncheon event this year, honoring area contributors to 8t Lucie and Martin County non-profit charitable groups, will take place on November 29 at The Tesoro Club in Port 8t Lucie. Nationally, the day set aside is November 15 by the 28,000+ members of the Association of Fundraising Professionals. 8t Lucie County has honored this day with proclamations annually and we look forward to your consideration of this request again for 2007. Thank you, Millie Wood-Goldsby Development & Public Relations Consultant 402 SE Oakridge Drive Port St Lucie, FL 34984 772.879.2794 (phone/fax) 772.475.3318 (cell) mwood<loidsbvtUlcomcast.net (email) .... AGENDA REQUEST ITEM NO. 02.8 DA TE: November 27, 2007 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 07-362 - Celebrating and Congratulating Florida Atlantic University and Harbor Branch Oceanographic Institute on their newly established partnership in St. Lucie County, Florida. BACKGROUND: Commissioner Smith has requested that this Board celebrate and congratulate Florida Atlantic University and Harbor Branch Oceanographic Institute for their newly established partnership. The attached Resolution No. 07-362 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that this Board adopt the attached Resolution No. 07-362 as drafted. COMMISSION ACTION: L)cg APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: J~ Review and Approvals Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicablel___ Eft. 5/96 . RESOLUTION NO. 07-362 A RESOLUTION CELEBRATING AND CONGRATULATING FLORIDA ATLANTIC UNIVERSITY AND HARBOR BRANCH OCEANOGRAPHIC INSTITUTE ON THEIR NEWLY ESTABLISHED PARTNERSHIP IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County conunissioners of St. Lucie County, Florida, has made the following determinations: 1. Florida Atlantic University (FAU) first opened its doors in 1964 as southeast Florida's first public university, and has since become a thriving world-class research institution, reaching across seven campuses from Davie to Port St. Lucie and serving a student population of approximately 26,000. 2. Harbor Branch Oceanographic Institution (HBOI) is a world renowned oceanographic research organization located along the beautiful Indian River Lagoon near Ft Pierce, Florida, and specializes in the study of the earth's oceans, estuaries, and coastal regions through aquaculture, biomedical marine research, engineering research & development, marine science, and marine manunal conservation and research. 3 . Florida Atlantic University and Harbor Branch Oceanographic Institute have united to form a partnership for the future of Florida. 4. Through their vast combined resources, further innovation will be possible in the development of ocean tools and technologies, marine research and ocean exploration will have ~ limitless potential, and a myriad of new educational opportunities will arise for students of all ages and backgrounds. 5. With the growth of Florida I s prospering bio-tech and bio- science industry, FAU and HBOI have the ability to foster public- private, synergistic relationships with research institutes like The Scripps Research Institutel Torrey pines Institute for Molecular Studies, and The Burnham Institute for Medical Research. 6. This partnership will also create numerous other joint research partnerships with state and federal public entities like the South Florida Water Management District, the U. S. Department of Energy, the U. S. Department of Agriculturel the National Oceanographic and Atmospheric Administration, the Office of Naval Research, and other State University System institutions. 7. Hundreds of acres of pristine and environmentally sensi ti ve land will be preserved and protected for many future generations still to come as a result of the FAU and HEOI unification. S. The citizens of the Treasure Coast and Florida are extremely fortunate to be able to benefit from having such dedicated institutions working together, creating endless educational and economic development for our local communities and this great state. 9. Florida Atlantic University and Harbor Branch Oceanographic Institute each have proud histories of scientific research and academic accomplishment I and development of their . partnership will surely bring more reason for acclaim as they charge together into the 21st century. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby celebrate and congratulate Florida Atlantic University and Harbor Branch Oceanographic Institute on their newly established partnership. 2. This Board commends Florida Atlantic University and Harbor Branch Oceanographic Institution on their foresight of joining forces in order to bring even greater expertise research opportunities now and for future generations to come. PASSED AND DULY ADOPTED this 27th day of November, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ,. AGENDA REOUEST ITEM NO. .. n ,-,/L DA TE: November 27, 2007 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 07-363 - Commending Mr. Richard Pancoast for almost ten years of outstanding service as a member of the St. Lucie County Board of Adjustment. BACKGROUND: Ron Harris, Chairman of the St. Lucie County Board of Adjustment, has requested that this Board commend Mr. Richard Pancoast for almost ten years of outstanding service as a member of the St. Lucie County Board of Adjustment. The attached Resolution No. 07-363 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that this Board adopt the attached Resolution No. 07-363 as drafted. COMMISSION ACTION: kJ APPROVED [ ] DENIED [ J OTHER: Approved 5-0 County Attorney: ~ Review and Anprovals Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicablel___ Eff. 5/96 , RESOLUTION NO. 07-363 A RESOLUTION COMMENDING MR. RICHARD PANCOAST FOR ALMOST TEN YEARS OF OUTSTANDING SERVICE AS A MEMBER OF THE ST. LUCIE COUNTY BOARD OF ADJUSTMENT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. In February of 1997, Mr. Richard Pancoast was appointed to serve as a member of the St. Lucie County Board of Adjustment by former Commissioner Gary Charles representing District 4. 2. In January of 1999, Mr. Pancoast was reappointed to the St. Lucie County Board of Adjustment by former Commissioner Frannie Hutchinson representing District 4. 3. During his years of dedicated service, Mr. Pancoast has effectively represented the interest of the Board of County Commissioners and citizens of St. Lucie County. 4. Mr. Richard Pancoast has served efficiently, competently, and untiringly as a member of the St. Lucie County Board of Adjustment, contributing an overwhelming amount of time volunteering for the betterment of St. Lucie County. 5. This Board believes dedication such as that demonstrated by Mr. Richard Pancoast should be recognized. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, for itself, and on behalf of the St. Lucie County Board of Adjustment and the citizens -1 of St. Lucie County, does hereby commend Mr. Pancoast for his almost ten years of dedicated service; and does hereby further take this opportunity to express its sincere appreciation and gratitude for a job well done. BE IT FURTHER RESOLVED that a copy of this resolution shall be presented to Mr. Richard Pancoast as a token of this Board's appreciation. PASSED AND DULY ADOPTED this 27th day of November, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY '* ;. AGENDA REOUEST ITEM NO. 5A DA TE: November 27, 2007 REVISED REGULAR [ ] PUBLIC HEARING [ X ] CONSENT [ ] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Amendment to FY 2007 Budget BACKGROUND: This Budget Amendment will recognize revenue that exceeded the budgeted amount and establish budgets for interfund transfers. These FY 07 budget transactions were posted to the accounting system early in order to facilitate closing the books in a timely manner. FUNDS AVAILABLE: See attached Budget Resolution 07-311 PREVIOUS ACTION: September 14,2006 - The Board held a Public Hearing and adopted the FY07 budget. September 25, 2007 - The Board granted permission to advertise a Public Hearing on this matter. RECOMMENDATION: Staff recommends the Board of County Commissioners adopt Budget Resolution 07-311 amending the FY07 budget. COMMISSION ACTION: CONCURRENCE: Approved 5-0 Doug Anderson ounty Administrator [><] APPROVED [] DENIED [ ] OTHER: Public Works: Other: Coordination/Signatures M"""gement & Budget XX ^t 'rYirrff; P",cl=ing: Finance: (Check for Copy only, if applicable) XX County Attorney: XX !Y G:\BUDGETlWP\AGENDA'S\AGENDA07\1127'07FY07BUDTRAN.DOC .i1 , . \ MEMORANDUM 07-86 OFFICE OF MANAGEMENT & BUDGET TO: Board of County Commissioners FROM: Marie Gouin, Budget Director SUBJECT: Amendment to FY 07 Budget DATE: November 27,2007 This Budget Amendment will recognize revenue that exceeded the budgeted amount and establish budgets for interfund transfers. Staff recommends the Board of County Commissioners adopt Budget Resolution 07-311 amending the FY07 budget. The following revised revenue estimates are included: . Fund 102110 (USDA Lakehurst Drive) - to recognize additional grant revenue for the Lakehurst Drive project. . Fund 107/625/1 07005 - to adjust revenue received from $65 Additional Court Costs. . Fund 505 (Health Insurance Fund) - to recognize health insurance payments transferred from department budgets. . Fund 620 (Law Enforcement Trust Fund) - to recognize additional revenue from confiscated property. The following transfers between funds are included: . $13,739 from 102 (Unincorporated Services Fund) to 104 (Grants & Donations Fund) to correct revenue posted to wrong fund in fiscal year 2006. . $12,035 from 235 (Becker Road I&S Fund) to 101001 (Transportation Trust Interlocals) to close out fund. . $2,013,522 from 218 (Transportation I&S) to 318 (County Capital-Transportation) to fund transportation projects. . $42,204 from 451 (South Hutchinson Utilities) to 458 (South Hutchinson Utilities-Renewal and Replacement) to cover deficit in fund balance. . $1,662,944 from 39007 (Indian River Estates MSBU) to 250 (Capital Projects I&S) to move loan proceeds to repay interim loan. . $64,701 from 183003 (Court Admin.-County ArbitrationlMediation) to 107 (Fine & Forfeiture Fund) to transfer excess funds to court innovations as required by State law. . $34,832 from 625 (Law Library) to 107 (Fine & Forfeiture Fund) to transfer excess funds to court innovations as required by State law. These FY 07 budget transactions were posted to the accounting system early in order to facilitate closing the books in a timely manner. .. " RESOLUTION NO. 07-311 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, statfrevised certain revenue estimates and determined the need to establish transfers between funds. WHEREAS, it is accepted financial practice to amend the adopted budget to where necessary, revise revenue estimates or establish transfers and, WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 27th day of November, 2007, pursuant to Section 129.06 (d), Florida Statutes, that the County's budget is hereby amended as reflected in attachment "A", which is incorporated as part of this resolution. After motion and second the vote on this resolution was as follows: Commissioner Joseph E. Smith, Chairperson Commissioner Paula Lewis, Vice Chairperson Commissioner Chris Craft Commissioner Doug Coward Commissioner Charles Grande xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 27TH DAY OF NOVEMBER, 2007. 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'" " ~ ~ '" t3 .2 " OJ '" '" a. u :E 5: .= .E :fj 2 ,., ,.,0:: u " "E - " "5 5 :5 W ...J "0. ::J " '" :I: (ij ~ ~ (ij ::J "- " '" 0 0"0 en :I: l!l '" lU U U u.= Ul :I: ...J ...J f- 0> 0 ; N '" ..... '" to r- oo 0> 0 u:; N '" ..... '" to r- oo '" .... .... .... ..... .... .... ..... ..... ..... '" '" '" '" '" '" '" '" , ' AGENDA REQUEST ITEM NO.6 DATE: November 27,2007 REGULAR [X] PUBLIC HEARING 0 CONSENT 0 SUBMITTED BY (DEPT): Administration TO: Board of County Commissioners SUBJECT: Community Budget Issue Request (CBIR) - i lative Issue Requests. Authorize the County Administrator to submit Community Budget Issue and Legislative Issue requests for the following items: Community Budget Issue Requests . St. Lucie County Airport ($3,000,000) / . Harbor Branch Preserve ($15,200,000 in Florida Forever Funding) Legislative Issue Requests . County Jails Housing State Prisoners . State Trust Fund for SHIP and Transportation Disadvantaged . Medicaid Nursing Home and Hospital Billings BACKGROUND: Any funding request submitted to the State Legislature for consideration requires a "hearing before a body of duly elected public officials before requests can be submitted for consideration" S.216.052 (3). The request for funding must be heard at a local meeting, where public input is permitted. It is also St. Lucie County's policy to secure the approval of the Board of County Commissioners for legislative issue requests at a meeting where local public input is permitted. The Issue Requests are explained below. COMMUNITY BUDGET ISSUE REQUESTS St. Lucie County Airport St. Lucie County urgently needs to acquire the sole remaining parcel required to complete the St. Lucie County International Airport parcel map (Please see attached map). The parcel is a 29-acre site located to the south of a proposed runway and taxiway scheduled to have construction completed by the end of 2008. The property has trees and an elevated structure that will impact the line of sight from the Air Traffic Control Tower to the end of the proposed runway. It is imperative that the County acquire this property to address the line of sight issue. If the property remains in private ownership, access to the property will also become an issue since the current access is to be removed by the location of the new runway. The projected cost of property acquisition is $3 million. Funding for acquisition of the property was requested from the Federal Aviation Administration and the Florida Department of Transportation. These requests have been denied. Projected Cost $3,000,000 Funding Request $3,000,000 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Harbor Branch Preserve In a cooperative effort involving Senator Ken Pruitt, President Frank Brogan of Florida Atlantic University, and Harbor Branch Oceanographic Institute (HBOI); St. Lucie County developed a proposal to acquire 253 of 520 acres owned by HBOI. A number of grant applications have been submitted to obtain funding for this acquisition, which has a projected cost of approximately $24 million. On 11/5/2007, the County was awarded a $6.6 million grant from Florida Communities Trust to acquire 123 of the 253 acres. The County is required to provide a $2.2 million match. The $2.2 million has been set aside in the County's ESL program. Therefore, $8.8 million in funding has been secured. This leaves a balance of approximately $15.2 million needed to complete the acquisition of not only the remaining 130 acres owned by HBOI, but two additional parcels owned by Riverside Bank and a private individual. The two non-HBOI parcels are needed to adequately manage wetlands which are to be re-connected to the Indian River Lagoon. The attached map delineates the properties to be acquired with FCT funds, additional HBOI parcels to be acquired, and the two non-HBOI parcels to be acquired. An application has been submitted to the Florida Forever program for grant funding and the project has been placed on the Florida Forever highest priority list. Discussions with Florida Forever suggest the $15.2 million could potentially be made available through this source. Project Cost Funding Request $24,000,000 $15,200,000 County Jail Housina State Prisoners In increasing numbers, county jails are housing state prisoners. Greater than 575 State prisoners housed at the St. Lucie County jail averaging 80,920 bed days per year cost local taxpayers $4.1 million every year. St. Lucie County supports state compensation to counties for the following state inmates housed in county jails: retake warrants, inmates sentenced to prison and awaiting commitments, writs from prison, and persons charged with a felony violation of probation. State Trust Funds for SHIP and Transportation Disadvantaaed Proarams Two programs that have been funded by Trust Funds that were established through user fees are the State Housing Initiative Program (SHIP) and the Transportation Disadvantaged (TD) program. These two programs provide vital services that assist our most vulnerable citizens with a hand up rather than a hand out. St. Lucie County urges our delegation to only allocate the SHIP and the TD Trust Funds for those two programs and not divert the funds to the general fund. Medicaid Nursina Home and Hospital Billinas Because of previous budget deficits, several attempts have been proposed to shift additional costs to the County for Medicaid nursing home and hospital billings. The aging population and the population growth have increased the County budget responsibility. Any increase in the per client share would severely impact the County's budget. Therefore, it is very important that the current required level of responsibility remain constant and not be increased. No matching funds are required for CBIR funding. Legislative Issue Requests for County Jails Housing State Prisoners, State Funds for SHIP and Transportation Disadvantaged, and Medicaid Nursing Home and Hospital Billings were submitted in November 2005 and December 2006. The December $3,000,000. Airport funding request was submitted in December 2006. Staff recommends that the Board authorize the County Administrator to submit the CBIR Requests and the three Legislative Issue Requests. COMMISSION ACTION: >N APPROVED [] DENIED [] OTHER: Approved 5-0 Motion to approve CBIR, three Legislative issues and Research items of #7 with the Airport having the lowest priority. County Attorney: Originating Dept: Finance: Management & Budget: _ Other: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 I }y " K P f ~ f~ ." " [ c} '" ." )> .2 !;. ii c. S;::-.L-u. ~~ GIS 7~ Harbor Branch Preserve 0.'5 r...:.:- CO!'ltrolled through cOl1serva1ion easemenl Non HBOI property to be acquired D HBOI property available for acquisi1ion D Fer prOject lands , COMMUNITY SERVICES MEMORANDUM #08-18 TO: Legislative Delegation FROM: Beth Ryder, Director SUBJECT: DATE: Legislative Issues October 17,2007 MEDICAID NON-EMERGENCY TRANSPORTA nON The Agency for Health Care Administration (AHCA) continues to decrease funding to the Medicaid Non-Emergency Transportation (NET) Program administered by the Commission for the Transportation Disadvantaged (CTD). This program has been active since 1996 and the rate offered by AHCA to the transportation providers has remained constant for the last tenyears without regard to the continual increases in Medicaid Eligible recipient numbers, fuel, and insurance. Moreover the overall funding has declined by 50% due to the above mentioned increases. AHCA has shifted funds to Health Maintenance Organizations (HMO's) which further reduces the transportation providers' funds by an additional 16%, based on the number of eligible Medicaid recipients enrolled in the HMO, rather than on the transportation needs ofthe these recipients. Transportation providers are receiving only 49% reimbursement of the trip cost. Many of these providers have dropped from the Medicaid NET Program as their programs continue to operate at a loss. Local governments which supplemented the Medicaid trip cost for providers are facing budget cuts causing even more providers to drop out of the Medicaid Net Program. Under the CTD program, transportation providers are required to transport according to the regulations in Chapter 427 F.S and Rule 41-2 Administrative Rule. This transportation provides safe, cost efficient and coordinated trips throughout the State of Florida. These rules are not being applied to HMO transportation. It is our recommendation that funds allocated for HMO's needs to be accounted for just as the other transportation providers throughout the State of Florida. Also a reasonable trip rate should be used to cover both the transportation providers and the HMO providers for Medicaid Eligible Recipients that need transportation services. Legislative Delegation October 17, 2007 Page 2 MEDICAID NURSING HOME BILLINGS Because of previous budget deficits, several attempts have been proposed to shift additional costs to the County for Medicaid nursing home billings. The aging population and the population growth have increased the County budget responsibility. Any increase in the per client share would severely impact the County's budget. Therefore, it is very important that the current required level of responsibility remain constant and not be increased. STATE HOUSING INIATIVE PROGRAM (SHIP) AND TRANSPORTATION DISADVANTAGED TRUST FUND Two programs that have been funded by Trust Funds that were established through user fees are the State Housing Initiative Program (SHIP) and the Transportation Disadvantaged (TD) program. These two programs provide vital services that assist our most vulnerable citizens with a hand up rather than a hand out. St. Lucie County urges our delegation to only allocate the SHIP and the TD Trust Funds for those two programs and not divert the funds to the general fund. Additionally, the repeal of the cap on the Housing Trust Fund is necessary to keep the SHIP funding as a viable source of funding for housing the elderly, the infirm and the workforce as the cost of living continues to rise. - -. AGENDA REQUEST ITEM NO: 7 DATE: November 27,2007 REGULAR [X] PUBLIC HEARING [] CONSENT [] To: Board of County Commissioners Submitted by: Research and Education SUBJECT: Community Budget Issue Request (CBIR). Authorize the County to partner with the Treasure Coast Education, Research and Development Authority in submitting the following two CBIRs: · Treasure Coast Education and Research Park Office Center ($4,000,000) · Relocation ofUF/IF AS Field Operations ($7,488,000) BACKGROUND: Any funding request submitted to the State Legislature for consideration requires a "hearing before a body of duly elected public officials before requests can be submitted for consideration" S.216.052 (3). The request for funding must be heard at a local meeting, where public input is permitted. St. Lucie County intends to partner with the Treasure Coast Education, Research and Development Authority in submitting the following two requests. Treasure Coast Education and Research Park Office Center The new Treasure Coast Education and Research Park presently encompasses 1600 acres and is home to the University of Florida Indian River Research and Education Center, the state-of-the-art USDA Agricultural Research Service National Horticulture Research Laboratory, the USDA Natural Resources Conservation Service Office, the Florida Department of Agriculture and Consumer Services Division of Plant Industry, the St. Lucie County Cooperative Extension Service, and the St. Lucie County School District Agri- Science Education Program. The Treasure Coast Education, Research and Development Authority is currently designing a 10,000 square foot office center that will house the Authority, which is responsible for management, development and promotion of the park. Office space of 1,000 square feet each . ... Page 201'3 will also be provided for the University of Florida, Florida Atlantic University, and Indian River Community College who will assist the Authority in incubating new biotech businesses and in providing research and business start- up services to fledgling biotech businesses. Services will include consultation and technical assistance regarding research, engineering, technology, product development, new business establishment, marketing, international trade, and venture capital formation. The Office Center will additionally provide approximately 5,000 square feet of space for biotech incubation purposes that will be able to be subdivided into offices or laboratories of up to 1,000 square feet each. The estimated cost to construct this facility is $4,000,000. Projected Cost: $4,000,000 Funding Request: $4,000,000 Relocation of UF /IF AS Field Operations The University of Florida Institute of Food and Agricultural Sciences (UF/IF AS) agricultural and environmental field research operations in St. Lucie County have been under development for over fifty years and have grown to include a 150 acre citrus grove, aquaculture facilities, a 32 acre vegetable farm, a farm managers house, a motor-pool, pesticide and fertilizer sheds, and four equipment barns. Its current location on Kings Highway conflicts with the planned development of the Treasure Coast Research Park. The current Master Plan calls for UF/IFAS and the St. Lucie County School District to trade long- term property leases so that IF AS Field Operations can be clustered and rebuilt adjacent to the USDA Field Operations west of the Florida Turnpike. The Treasure Coast Education and Research Park and the St. Lucie County School District would acquire UF/IF AS land east of the Turnpike that provides these facilities with frontage and greater visibility along Kings Highway (State Road 713), a major north/south corridor. The St. Lucie County School District will be constructing a K-12 magnet school specializing in science education on 60 acres at the site. It should also be noted that citrus canker and Hurricanes Frances, Jeanne and Wilma have resulted in grove removal and substantial damage to the older buildings. Given this damage and the rapid development of the Treasure Coast Research Park, it would be prudent to rebuild the field facilities and operations in alignment with the Research Park Master Plan on land west of the Florida Turnpike currently owned by the School District. The estimated cost to relocate the field operations is $7,488,000. Please see attached map and projected relocation costs. Projected Cost: $7,488,000 Funding Request: $7,488,000 FlJNUSAVAIL: No matching funds are required for CBIR funding. . . Page 3 of3 PREVIOUS ACTION: RECOMIIHc"lDA TION: COMMISSIO'\j ACTION: 1><] APPROVED [ ]OTHER Approved 5-0 County Attorney: Originating Dept: Community Budget Issue Requests were submitted for each of these projects in November 2005 and 2006 at higher funding levels. The requests were not funded during the 2007 State Legislative session. Staff recommends that the Board authorize the County to partner with the Treasure Coast Education, Research and Development Authority in submitting the two CBIR requests. [ ] DENIED Coordination/Sil.!natu res Mgt & Budget: Public Works: Purchasing: Finance: -+- . ORA>lGE o ~ 0: ... II! f .. <5 " g 0: PRum RESEARCH CENTER ROAO Legend ~ 0: ~ [::JTrmsueCoast~Ion;n1~"'thParll I.i. .. 51 Lude ColIlty Sc.l'm Dartict lams To Be Transferred to IFAS _ IFAS l.and3 To Bo _eel To St Luoo County SctooI Dostrict <I<< , \l! f>~ "'" ~.. '\. '.'00'- ~ lotto o Treasure Coast Education, Research, and Development Park . St. Lucie County School District Lands To Be Transferred To IFAS . IFAS Lands To Be Transferred to St. Lucie County School District I;/;/O} I 117 , Treasure Coast Education and Reasearch Park i ~ :z: ~ ;: " \ ~ <;, ~ ~ .. . .. o a 0: 0: ~ :z: ili ~ 8 f!IIJ!iJI / /6 ~~~ PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: November 1, 2007 RE: Board rejection of the sole submittal for Request for Qualifications (RFQ) 07-084, Lease Of Land To Design, Build And Operate The Development Of The 20-Acre Harbour Pointe Property. BackQround: In 1996, the Board of County Commissioners purchased 20 acres of waterfront property in the northeast corner of the port, known as Harbour Pointe, for recreation and commercial uses. Also in 1996, the County and City of Fort Pierce conducted a planning charrette for the public on the development of the port area including 20 acres of Harbour Pointe and 67 acres of privately owned land. The results of the charrette included a recommendation to construct a hotel, retail and public access on the Harbour Pointe land and a mega yacht development on the 67 acres of privately owned land. On May 1, 2002, the County received four proposals to develop the 20-acres together with the adjacent 67 acres, but did not make an award. The total 87 acres is considered a premier location for economic and tourism development. At the May 22, 2007 Joint Board meeting with the County and the City of Fort Pierce, the Board of County Commissioners agreed to seek development proposals for the Harbour Pointe property. Input from the City and the Harbor Advisory Committee has encouraged the County to seek a developer for Harbour Pointe using a Request for Qualifications (RFQ) process. This RFQ was issued on July 15, 2007, and closed on September 24,2007. Eighteen hundred three firms were notified, fifty two firms received RFQ packages, and one firm responded, International Tradepoint Center of Florida, Inc. (ITCF). The County selection committee met on October 29, 2007, and declared ITCF's submittal non-responsive due to the omission of the information the RFQ required. In addition, the Ft. Pierce Harbor Advisory Committee had also reviewed the submittal and supports that recommendation. (See attached meeting minutes). Recommendation: Staff recommends the Board reject the sole submittal for Request for Qualifications (RFQ) #07-084, Lease Of Land To Design, Build And Operate The Development Of The 20-Acre Harbour Pointe Property, and provide guidance for future action. BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR TABULATION SHEET - RFP/BID # 07-084 LEASE OF LAND TO DESIGN, BUILD AND OPERATE THE DEVELOPMENT OF THE 20-ACRE HARBOUR POINTE PROPERTY OPENED: SEPTEMBER 24,2007 AT 2:00 PM ONE( 1 ) submittal was received for subject proposal: ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO AWARD WILL BE FAXED TO ALL BIDDERS PRIOR TO AWARD. International Tradepoint Center of Florida. Inc. Contact: Allen Korson Phone: 772-521-5206 Fax: 772-873-6906 Address: 1670 SE Chello Lane, Port St. Lucie, FI. 34983 NUMBER OF COMPANIES NOTIFIED.: 1803 NUMBER OF BID DOCUMENTS DISTRIBUTED.: 52 NUMBER OF BIDS RECEIVED: 1 · - Per demandstar.com FORT PIERCE HARBOR ADVISORY COMMITTEE Meeting Held On October 11, 2007 u..~.....__._~__~_,~_u__,._...--.___. ~"""'-"--~-'---'_._--'-~~-,",'._~ Convened at 3:09 p.m. Adjourned at 4:21 p.m. -.-.-------.---..-~~.~--.~.-.__~..____..~w.~.."..".._".,___~.____..__..~_.~____._._,_....".___.._.._~.~__~_...,__.___~.._..__., This meeting of the Fort Pierce Harbor Advisory Committee (FPHAC) was held Thursday, October 11, 2007 at 3:09 p.m. in Conference Room 3 on the 3rd floor of the Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida. ROLL CALL Roll call was taRen. Membe.. Present. Mary Chapman, Chairperson Howard ConRlin, Vice Chairman Bill Thiess, Commissioner Craft Appointee Gerald l<uRlinsRi, Commissioner Grande Appointee Pieter StryRer David Souza, St. Lucie Village Commissioner Eddie Becht, City of Ft, Pierce (Arrived at 3:27 p.rn.) Councilman Christopher S. Cooper, City of P.5.L. Alto Pretenl. Heather Young, SLC Assistant County Attorney Michael Brillhart, Economic & Strategic Development Director APPROVAL OF THE MINUTES. The minutes from the August 9, 2007 meeting were unanimously approved, OLD BUSINESS. Ms. Chapman discussed Jeanne Hearn's reSignation from the Fort Pierce Harbor Advisory Committee. NEW BUSINESS. Michael Brillhart discussed what had been taRing place with the Harbor Pointe RFQ. Mr. Brillhart stated there would be five individuals sitting on the Selection Committee. The Selection Committee will meet on October 16, 2007 and is not a public meeting. The committee members are Don West, Faye Outlaw, Larry Daum, Michael Brillhart and Neil Appel. The Selection Committee will review the RFQ and maRe a recommendation to the Board of County Commissioners sometime either late October or early November. The committee was concerned with the fact that only one RFQ submittal was received, Mr. Brillhart said the RFQ was mailed out to a very large database and staff was concerned as well. '. Fort Pierce Harbor Advisory Committee October 11, 2007 Page 2 __R_____~,..____...~_~,____~,.._~,..__._._.___.____,.~..~_~~__..._._R__~'~' Mr. Con!:?lin expressed concern with the language used in the RFQ. Mr. Brillhart said much of the language used was ta!:?en from the 2002 RFQ for that area and it was also tied to the land use plan. Ms. Chapman expressed her thoughts on the Fort Pierce Harbor Advisory Committee. Ms. Chapman stated, "I generally could care less about the survival of this group. If they're not going to let us do. anything, I don't want to waste my time and I certainly don't want to waste all of your time. I thin!:? it is highly unfair. I gave a list of three things I was really concerned about for this group, and the same thing in Environmental Advisory, and absolutely nothing has been permitted to any of the six items. I finally gave up on Environmental Advisory and said I'm not messing anymore with vegetation legislation, than!:? you very much. I want to be involved in something Ii!:?e water quality and it's very frustrating to spend many, many hours a wee!:? on this Rind of stuff and not have the County Commission at least listen to our recommendations. They don't have time to go over all of this, they don't have time to individually do the diligence and they assume we do and then they don't even read what we send and that is very frustrating. If we want to fight for survival that's one thing but if they are not going to permit us to be an active beneficial group then..." Mr. Thiess stated the RFQ received did not seem in sync with the Port Master Plan. Mr. ConRlin suggested calling a few of the top names in the database and find out why they did not respond. He thinRs there should be some sort of follow-up interview with the blunt of the people the County thought would bid and find out what went wrong. Mr. Con!:?lin made a motion, "For the County Commission to do a post request interview of some of the expected bidders, to find out why they did not put out a response i.e, credit mar!:?et conditions or the wording parameters and strongly consider a reissuance of the RFQ based on the response received from those interviews." The committee unanimously approved the motion. Ms. Chapman aSRed Mr. Billhart how they could go about getting the County to reissue the RFQ. Mr. Brillhart said if the RFQ that has been received doesn't meet the criteria they'll have to rebid it. The committee aSRed about adding some incentives to the RFQ. Mr. Brillhart said that during the RFQ process there are no incentives or financial arrangements but during the RFP write up they could put in. it that, "This project could be eligible for specific County and State economic development incentives". Mr. Souza stated, lIThe site itself could be the problem because when you looR at it, it doesn't really induce you to want to thin!:? about a high-end retail type thing when you go into an industrial area." Commissioner Becht aSRed how the Commission approved the RFQ. Upon review of the agenda item it was, "Approved 5-0 including language that any plan must be connected to the remaining 67 acres in conjunction with the Port Master Plan". Commissioner Becht stated the City of Fort Pierce capped stacRing containers at 30'. Commissioner Becht suggested going bac!:? to an idea Mr. Con!:?lin had a while ago about putting a County Marina on the property. Fort Pierce Harbor Advisory Committee October 11, 2007 Page 3 _h'r__._~_____"._~.~_._._._",,".~_~u"~,~,_,_~,_,,_,,__,_~-~-____'~___~"_~~d_~__~~''',.~._.,,_,.,,_"_ Mr. Thiess made a motion, "If we're going to maRe a recommendation of this qualification statement, I would recommend they deny it because it's grossly inadequate and doesn't come close to meeting the requirements of the RFQ. If they want examples, I went through it and there's 10% of what was even listed as the format for submitting the qualification statement including major things liRe proof they have the right to do business, banI:? references, relevant design build experience. It's a nonresponsive submittal and it should be dismissed.1I The motion was unanimously approved. Mr. Thiess suggest the five-committee members that are appointees get with their Commissioner and aSR why they are left out of the loop and why the Chair went to get the copy of the submittal and she got the run around. Ms. Chapman stated, "I was appointed by Paula and I've voiced this to her a number of times over the last few years so that's no secret. I Rnow Joe Smith was very much aware of Jeanne's feelings when she left." Mr. KURlinsRi aSRed who was telling Ms. Chapman this information. Ms. Chapman replied, "When I call Stephanie Bush and say put this on the agenda and when it gets mailed out it's not on the agenda. If we remain irrelevant then I thinR we are wasting our time but I'm very hopeful that situations liRe this will get peoples attention." ADJOURNMENT. At 4:21 p.m. the meeting was adjourned. The next meeting will be held Thursday, November 8, 2007 at 3:00 pm in Conference Room 3, on the third floor of the Administration Building. Respectfully submitted: Stephanie Bush ITEM NO. 9 DATE: NovemDerZ7,2007 AGENDA REQUEST REGULAR [X] PUBLIC HEARING [] CONSENT [ ] TO: BOARD OF COUNlY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DMSION (4115) SUBJECT: Request by the Guettler Property Mine to remove Special Condition Number 14 from the pennit. In the June 6, 2006 Public Hearing, the requirement that all of the mined material must be used in the upcoming State Road 70 project was added by the Board. The permittee requests that this condition be deleted. BACKGROUND: The Guettler Property Mine is located in western St. Lucie County along Okeechobee Road (S.R.70). FUNDS AVAILABLE: N/A PREVIOUS ACTION: May 2, 2006 - Board approved the scheduling of a public hearing to be held on June 6, 2006. June 6. 2006 - Board approved Class I mining pennit for a period of six years. RECOMMENDATION: Staff recommends Board approve the removal of Special Condition 14 and allow market conditions to determine where the mined material is to be used. If approved, this modification would be handled as an addendum to the approved permit. ~ APPROVED [ ] OTHER [ ] DENIED COMMISSION ACTION: I.j "'""".-.., ~ N Env. Res. Dep. \ ) (Check for copy only, ifapp ble) Guettler Mine [ ) Road & Bridge [x] Proj. Mg<. fl. .s [x] Originating Dept Public W~_ .M ~ . [x] Growth Management ~ Approved 5-0 Motion to approve with no truck traffic empty or otherwise on Carlton Road. DIVISION OF ENGINEERING MEMORANDUM TO: Michael Powley, P.E. - County Engineer FROM: Dariush Safikhani, E.I. - Engineer Intern DATE: November 27,2007 SUBJECT: Guettler Borrow Pit Mine The mine is located directly south of State Road 70 in western St. Lucie County. The permittee has requested to remove Special Condition 14, which stipulated the mined material is only to be used for the S.R. 70 widening project. To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Consent [ ] Regular [ X ] Public Hearing [ ] Leg. [ ] Quasi-JD [ ] ---u,,_ ~}!~~y M~ Growth Management Director Petition of James P. Brown for Herbert S. Garten, Lynnore Moss, Front Street, LLC, Ute Avenue, LLC, Indiantown Land, Inc. and Aspen, LLC, for a Major Site Plan for property located on South Hutchinson Island along Highway AlA one- quarter mile South of Frederick Douglas Park and due south of Sea Oats (AKA Anacostia Place), North of Middle Cove for the project to be known as Hutchinson Sands. Draft Resolution No 07-247. The petitioner James P. Brown for Herbert S. Garten, Lynnore Moss, Front Street, LLC, Ute Avenue, LLC, Indiantown Land, Inc. and Aspen, LLC requested a Major Site Plan Approval for the project to be called Hutchinson Sands. The plan has 84 condominium units located in four buildings plus the clubhouse, pool and deck all located east of the 1988 Coastal Construction Control Line. The access is from Highway A1A. The proposed site is 132.21 acres. The proposed development area is 5.65 acres or approximately 4% of the site. There are 21.81 acres of conservation area between Highway A1A and the bUildings. The Applicant proposes to convey 104.75 acres to the County for Public Conservation prior to a Certificate of Occupancy. The petitioner has submitted a dune restoration plan. -Future Land Use: -east of Highway A1A is Residential Urban, Allows 5du/1 acre -west of Highway A1A is Residential/Conservation, Allows1du/5 acres -the south parcel is Conservation-Public, Allows no density -Zoning is HIRD-Hutchinson Island Residential District -Allows 153 units N/A On September 25,2007 the Board of Commissioners continued this Major Site Plan item until November 27,2007 at 9 a.m. or as soon as possible thereafter. As a Major Site Plan the Land Development Gode does not require a public hearing before the Planning and Zoning Commission. Staff recommends that the Board of County Commissioners approve this petition contingent upon the Board of County Commissioners approval of a Waiver to Policy 8.1.14.2 permitted by Policy 8.1.14.3 and St. Lucie County Land Development Code. Agenda Request Board of County Commissioners Growth Management COMMISSION ACTION: D APPROVED 0 DENIED ~ OTHER Commission concurred to continue to 12/11/07 Board Meeting. ,ty Attorney ating Dept.: Coordination! Signatures Mgt. & Budget: Environ. Res. Division: Item Number Date: \0 11/2712007 Purchasing: Other: Commission Review November 27,2007 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM FROM: Board of County Commissioners ~ Mark Satterlee, AICP, Growth Management Direct~ Robin Meyer, AICP, Assistant Growth Management Director Larry Szynkowski, AICP, Senior Planner TO: THROUGH: DATE: November 15, 2007 SUBJECT: Request of James P. Brown for Herbert S. Garten, Lynnore Moss, Front Street, LLC, Ute Avenue, LLC, Indiantown Land, Inc. and Aspen, LLC for a Major Site Plan of 84 Condo Units in 4 Buildings on South Hutchinson Island Draft Resolution No. 07-247 On September 25, 2007 the Board of County Commissioners reviewed the proposed Major Site Plan. In that Site Plan there were seven (7) buildings with twelve (12) units in each building. Three of these proposed buildings were located in wetlands and impacted over four acres of wetlands. The staff recommendation was to deny the project. Based on the staff recommendation the Board continued this item until November 27, 2007. The Board asked that more information be brought forward in a summary up front, that lays out the project. On October 18, 2007 the applicant provided a re-submittal that removes the three (3) buildings in the wetlands west of the CCCL and their density added to the four (4) buildings to the east. The project density remains the same. The development area is reduced from 11.64 acres to 5.65 acres and the conservation area is increased from 15.82 acres to 21.81 acres, the 104.75 dedication to the County remains the same. See table. Meeting date: November 27,2007 Recommendations: The applicant has requested (enclosed letter) that this Board waive compliance with St. Lucie County Comprehensive Plan Policy 8.1.14.2. This waiver would allow the impact of 2.5 acres of wetlands. This waiver can be accomplished when no other reasonable alternative exists and avoidance cannot be achieved. The impact of 10% of the wetlands east of the Highway A1A is less than the maximum alteration stated in Policy 8.1.14.2. (d) (5). This percentage that was reduced from 17% in the prior site plan submittal. Policy 8.1.14.3 allows the Board of County Commissioners to waive the wetlands alteration. The staff recommends that the east twelve (12) parking spaces with headlights directed toward the beach be removed per St. Lucie County Land Development Code Section 6.04.02.(1) (7) (a) in order to pass a future inspection for Turtle Protection Standards Section. The applicant agrees to remove the referenced twelve (12) parking spaces and add a regular parking space west of the buildings in order to meet the 171 minimum number of parking spaces. Staff also recommends that the applicant submit a "Typical Parking Space" drawing with dimensions required under Section 7.06.02 (B) (1) (a). The applicant has submitted typical Parking space details as a "Clouded" Sheet A-1. The staff recommends approval of the Major Site Plan with the following conditions: 1. No written responses to any of ERD's previous comments were submitted with the latest submittal packages, therefore ERD staff continues to assume the applicant is pursuing a waiver to St. Lucie County Comprehensive Plan Policy 8.1.14.2, and that the submission of the site plan, showing impacts to the wetlands, acts as their request for a waiver to the St. Lucie County Comprehensive Plan Policy 8.1.14.2. As was previously stated, these provisions can only be waived following the review and approval of the BaCC. In the latest site plan the applicant has redesigned the project from seven-12 unit buildings to four-21 unit buildings; maintaining a total number of units to be 84. The redesign reduces the proposed wetland impacts from 3.33 acres to 2.50 acres. ERD will forward the site plan (including the Economic Impact Report) along with a staff report from ERD to the BaCC for their consideration. Therefore, a condition of approval for the final site plan for the Hutchinson Sands project shall be that the BaCC determine whether the impacts proposed to the wetland from the construction of this project qualify for a waiver to Comprehensive Plan Policy 8.1.14.2. 2. The latest site plan the applicant has redesigned the project from seven-12 unit buildings to four-21 unit buildings; maintaining to total number of units to be 84. The requirement for parking spaces remains the same at 171 spaces, however the applicant is proposing 182 parking spaces. Twelve of the parking spaces are shown to be facing the dune. Section 6.04.02 I. 7. a. of the St. Lucie County Land Development Code states that "Parking lots and roadways, including any paved or unpaved area upon which motorized vehicles will operate, should be designed and/or positioned such that vehicular headlights do not cast light toward the beach." Please eliminate the eleven extra parking spaces and eliminate any parking spaces which direct vehicular lights towards the beach. November 15, 2007 Hutchinson Sands Major Site Plan MJSP 05-025 Memorandum to Board of County Commissioners Meeting date: November 27, 2007 Page 2 of 8 3. Prior to the issuance of a vegetation removal permit for any portion of the Hutchinson Sands site plan, the developers, their successor or assigns, shall submit current wetland jurisdictional determinations from USACOE. 4. Prior to the issuance of a vegetation removal permit for any portion of the Hutchinson Sands site plan, the developers, their successor or assigns, shall submit approved wetland impact permits authorizing the wetland impacts as shown on the proposed site plan from all relevant State and Federal agencies. 5. Prior to the issuance of a vegetation removal permit for any portion of the Hutchinson Sands site plan, the developers, their successor or assigns, shall submit approved wetland impact permits authorizing the wetland impacts as shown on the proposed site plan from all relevant State and Federal agencies along with approval from all appropriate State and Federal agencies of the final mitigation plan. 6. Prior to the issuance of any Certificate of Occupancies for any portion of the Hutchinson Sands site plan, the developers, their successor or assigns, shall have completed all mitigation required to offset wetland impacts. 7. Per SLC BOCC direction, comments regarding construction in relation to the 1988 CCCL have been withdrawn. However, ERD respectfully requests that the BOCC consider the facts that hurricanes and recent storm events have over-washed this area and severely eroded the beach along this project. The aerial photographs submitted with the 1st submittal of this project showing pre-storm conditions (2003) compared to the photographs submitted with the 2nd submittal of this project showing post-storm conditions (2006) show an enormous difference in beach width, dune impacts, and vegetation cover. Recent site inspections show that the dune on the Sea Oats project, immediately adjacent to the north of this project, which was cleared prior to the storms, was completely leveled. The portion of this project that abuts the Sea Oats project experienced more severe overwash (extending further inland) than the portions to the sout~ of the project (which abut currently undeveloped land). Since the dunes have been leveled, tracks of nesting sea turtles have been observed, by FWS and County staff, well west of where the dune used to be. It should also be noted that, according to the SLC Compo Plan (Chapter 8, F.2), "due to development in the coastal areas of the County, the boundaries of this habitat category (coastal upland habitats) have been significantly reduced" and beach dune communities are imperiled statewide because of their rarity and their vulnerability to extinction (FNAI, Tracking List of Rare, Threatened and Endangered Plants, Animals and Natural Communities of Florida, 2000). This project is located within the CBRA Zone. Congress passed the Coastal Barrier Resources Act (CBRA) (96 Stat. 1653; 16 U.S.C. 3501 etseq.) on October 18,1982. The primary purposes of CBRA are to minimize the loss of human life by discouraging development in high risk areas, reduce the wasteful expenditure of Federal resources, and protect the fish, wildlife, and other natural resources associated with coastal barriers. The US Fish and Wildlife service has determined that development of the project located several hundred feet south of this project (known as Sunset Beach) would present a very high risk to life and property based on the site's low elevation, geologic instability, and exposure to storm surges (Souza, 8117106). November 15, 2007 Hutchinson Sands Major Site Plan MJSP 05-025 Memorandum to Board of County Commissioners Meeting date: November 27, 2007 Page 3 of 8 Prior to the issuance of any Vegetation Removal Permits for any portion of the Hutchinson Sands site plan, the developers, their successor or assigns, shall provide written authorization from the Florida Department of Environmental Protection Bureau of Beaches and Coastal Division for construction in relation to the 1988 Coastal Construction Control Line. 8. Prior to the issuance of any Vegetation Removal Permits for any portion of the Hutchinson Sands site plan, the developers, their successor or assigns, shall provide a complete beach and dune r~storatton plan (reTlectlng the tlnal approved layout) that <meets, or exceeds, the requirements outlined in Section 6.02.01 t- ana G. of tilt:: SlC ~ LOG, IncluOlng eXisting and proposed elevations (a plan view and cross-sectional ~ drawings illdiU:ltlon the t:quilibrium mo-of-fill profile of the proposed dune (berm) located between the home sites and the Atlantic Ocean - this profile should extend from the proposed home sites to the nearshore reef adjacent to the site and include the existing beach profile on the drawings, and describe the method of calculating the equilibrium toe-of-fill with an evaluation of the accuracy of this method); type of sand (an analysis of the material used to construct the proposed berm located between the homesites and the Atlantic Ocean - this analysis should examine color, grain size distribution, sand grain frequency, mean and median grain size, and sorting coefficient and compatibility analysis of the material used to construct the proposed berm located between the home sites and the Atlantic Ocean - this analysis should examine the material's compatibility with the existing beach sand to include the siliceous sand to carbonate sand ratios and percent fine particles (< 230 ~m particle diameter by weight)) and proposed methods to import sand and grade the dune; a timing and sequencing of the proposed work in relation to sea turtle nesting season and a summary of current and historic sea turtle nesting data along this stretch of South Hutchinson Island; types and quantities of proposed plants, proposed planting schedule, assurance of plant survival, a description of proposed post planting maintenance (will temporary irrigation be provided? what source will be used? who will determine if the plants have been established, who will remove the irrigation after plants have established? if plants are not successful who, when, what plants will be replaced? Restored beaches shall, to the maximum extent possible, resemble the characteristics of pre-existing or adjacent natural beaches in terms of sediment grain size, compaction, and beach slope. Restored and stabilized dunes shall, to the maximum extent possible, be similar in appearance to pre-existing or adjacent natural beaches in terms of profile, vegetation and sediment characteristics. Restored and stabilized dunes shall be designed such that the reconstructed dune profile does not effectively exclude access by nesting sea turtles. Once the vegetation has become established, all irrigation shall cease and all associated equipment shall be removed from the dunes. The design and operation of sprinkler or irrigation systems shall not interfere with the normal development of sea turtle eggs in the nests or adversely affect emergent hatchlings. The dune planting schematic submitted for review shows only a small portion of the typical section shown to be planted with sea oats. It has been shown that restored dunes establish quicker if, at a minimum, the seaward face of the dune is planted 100% sea oats. Other dune appropriate species should be planted after the sea oats establish. Previous hurricanes have over-washed this area and severely eroded the beach along this project. Please note the enormous difference conditions in the aerial photographs submitted with the 1st submittal of this project showing pre-storm conditions (2003) versus the photographs submitted with the 2nd submittal of this project showing post-storm conditions. This data along with recent site inspections November 15, 2007 Hutchinson Sands Major Site Plan MJSP 05-025 Memorandum to Board of County Commissioners Meeting date: November 27,2007 Page 4 of 8 show that the dune on the Sea Oats project, immediately adjacent to the north of this project, which was cleared prior to the storms, was completely leveled. The portion of this project that abuts the Sea Oats project experienced more severe overwash (extending further inland) than the portions to the south of the project (which abut currently undeveloped land). Since the dunes have been leveled, tracks of nesting sea turtles have been observed, by FWS and County staff, well west of where the dune used to be. Please explain how future overwashes and storm breaches will be prevented/avoided/repaired, as well as how the proposed oceanfront homes, protected only by a small reconstructed berml dune will be protected and submit a summary of methods proposed to prevent scarp formation on the seaward face of the proposed berm. In their review of the Sunset Beach project, USFWS identified the presence of live worm rock reefs offshore of this stretch of the island (and ERD staff has observed reef during low tide) and points out that the reefs provide shelter and substrate for important fisheries species which are identified as being aquatic resources of national importance. The USFWS states that all species present on the reef are of scientific importance and expresses concern that the productive capacity of the near shore hard bottom reef adjacent to the site could be buried by the migration of the proposed berm to its equilibrium footprint, or by a smothering accumulation of fine particulates generated from the proposed berm. Prior to the issuance of any Vegetation Removal Permits for any portion of the Hutchinson Sands site plan, the developers, their successor or assigns, shall provide documentation showing that the final Beach and Dune Restoration Plan and PAMP has FDEP approval. 9. Prior to the issuance of any Vegetation Removal Permits for any portion of the Hutchinson Sands site plan, the developers, their successor or assigns, shall provide drawings of the dune crossovers including a cross-sectional view of the structure in relation to the dune elevation and vegetation. Section 6.02.01.E of the LDC states that no development shall be approved within the Dune Preservation Zone other than for non-rigid or flexible structures, rigid structures, or other shoreline protection development; beach access; beach safety; approved sea turtle research; and other beach dependent or public uses approved by the FDEP. Please submit an approved permit from FDEP for the proposed dune crossover. Please delineate and label the Dune Preservation Zone on the site plan and be sure that it is consistent with the definition in Chapter II of the SLC LDC ("The area between the mean high water line of the Atlantic Ocean and the western edge of the frontal dune system, as defined by vegetation and elevation. The dune preservation zone shall have the characteristics of the beach and dune lands environmental zone, as described in Chapter VIII, Natural Environmental Analysis, of the S1. Lucie County Barrier Island Study: Analysis of Growth Management Policy Plan (August, 1982). Where the western edge of the frontal dune cannot be ascertained, the dune preservation zone shall be set by reference to a management and restoration plan that has been prepared based on natural coastal dynamics") and that FDEP has verified and agreed with the delineation. 10. Prior to the issuance of any Certificate of Occupancies for any portion of the Hutchinson Sands site plan, the developers, their successor or assigns, shall successfully pass inspections confirming that all lighting is in compliance with Section 6.04.02 of the S1. Lucie County land Development Code. November 15, 2007 Hutchinson Sands Major Site Plan MJSP 05-025 Memorandum to Board of County Commissioners Meeting date: November 27,2007 Page 5 of 8 11. Prior to issuance of any building permits or vegetation removal permits for any portion of the Hutchinson Sands Plantation site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a completed (executed and recorded) conservation easement for the Dune Preservation Zone, and the Wetland Preserve Areas per Policy 8.1.12.8 of the Conservation Element of the St. Lucie County Comprehensive Plan. Please note that prior to the issuance of a Vegetation Removal Permit, an executed (signed), recorded copy of the easement document must be provided. Please be sure to include the following statements 1) The Hutchinson Sands Homeowners Association, Inc. shall maintain in perpetuity, the lands dedicated as a conservation easement in accordance with the approved Preserve Area Management and Monitoring Plan, revised - insert date-, 2006. Further, the Hutchinson Sands Homeowners Association, Inc. agrees that it shall take private enforcement action against any member of the Hutchinson Sands Homeowners Association, Inc. who violates the rules relating to use/maintenance of the designated easement." and 2) "Preserve Areas shall be maintained in perpetuity by the Hutchinson Sands Homeowners Association, Inc. and a qualified maintenance company. Such maintenance shall include, but is not limited to, exotic vegetation removal, replanting with appropriate native vegetation, vine control, and removal of trash and debris. Maintenance schedule should be so as to keep the preserve areas ecologically functional and high quality, as well as a minimum 90% free of exotic vegetation." 12. Prior to issuance of any building permits or vegetation removal permits for any portion of the Hutchinson Sands Plantation site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department completed Homeowners Association guidelines (Homeowners/Property Owners Association or Declaration of Covanence documents) for review. The guidelines, at a minimum, should specify restrictions on any encroachment into the Preserve Areas (wetland and dune area) as well as restrictions on vegetation removal outside the building pad areas/common areas. At a minimum the documents shall include: A. Language which notifies prospective property owners that the association property includes wetland preservation and dune preservation zone which are protected under conservation easements; and B. Language which informs the prospective property owners that the wetlands and dune preservation zone may not be altered from their naturaV permitted condition with the exception of: exotic vegetation removal, or restoration in accordance with the restoration plan that shall be referenced in the conservation easement. C. Due to the high degree of sensitivity and ecological significance of the wetland resources on this site, the HOA documents should also discuss best management practices that the future residences could employ such as limiting fertilizer and pesticide uses on their lawns, common areas, and stormwater systems and make sure that information is incorporated into the PAMP. 13. Prior to issuance of any building permits or vegetation removal permits for any portion of the Hutchinson Sands Plantation site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a soil and water conservation plan and written assessment which outlines a system of best management practices to control soil erosion, reduce sediment loss, and protect the water quality on the subject parcel of land during all phases of development November 15, 2007 Hutchinson Sands Major Site Plan MJSP 05-025 Memorandum to Board of County Commissioners Meeling date: November 27, 2007 Page 6 of 8 (including road building, culvert installation, etc). These best management practices shall consider the impacts of onsite development activity on adjacent parcels of land, so as to avoid soil erosion, sediment loss, and degraded water quality on the adjacent parcels of land. As required by SLC LDC Section 11.02.09.A.5.b.6.d, please submit a surface water management plan and written assessment which demonstrates consistency with the appropriate policies set out in this Code, including a description of the techniques to be used to prevent both the potential degradation of surface water resources and an increase in flood hazard damage. Who will be responsible for long term management of detention areas and swales? Please detail necessary (exotic removal, native planting, etc) and recommended management measures (restricted use of chemicals, etc) within the PAMP. 14. No final site plan construction Development Permits shall be issued by the County until complete sets of sealed constructible final engineering plans, supporting calculations and survey data for all site work and offsite improvements are submitted to the County and approved by the Public Works Department, Utilities Department, Growth Management Department, St. Lucie County Fire District, and any other agency or County Department that may be determined by the Director of Growth Management to be necessarily involved in the review and approval of the constructible final engineering plans for the site work and offsite improvements. The determination of whether or not plans submitted by the applicant constitute a complete set of constructible plans shall be made by the departments involved in the plan review within five business days of the date the plans are received in the Department of Growth Management. 15. Prior to the issuance of the first Certificate of Occupancy (CO), the developer, their successors or assigns shall complete Prior to the issuance of the Certificate of Occupancy (CO) for the first building permit, the petitioner, their successor or assigns, shall construct a northbound right turn lane on Highway A1A at the project entrance per County Standards and shall provide a fee in lieu of, equal to the cost of sidewalk construction from the northern to the southern limits based on an engineer's estimate and agreed to by the County Engineer. All roadway improvements, including private roads, shall be constructed in accordance with the St. Lucie County Land Development Code and the latest editions to the Florida Department of Transportation (FDOT) Design Standards and the Standard Specifications for Road and Bridge Construction. 16. All site improvements, including, but not limited to, buildings, water/sewer lines, landscaping, and common electrical lines, shall be constructed so as to meet Federal Emergency Management Agency requirements. Among the requirements is that the buildings be constructed as to allow for the unimpeded flow of floodwaters. For buildings with foundations extending between the finished floor and a finished grade that is below the base flood elevation, a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Electrical lines and water/sewer lines shall be so constructed so that no floodwaters may infiltrate the systems. Sanitary sewers shall be required to contain a rain water stopper for all manholes. November 15. 2007 Hutchinson Sands Major Site Plan MJSP 05-025 Memorandum to Board of County Commissioners Meeting date: November 27,2007 Page 7 of 8 17. An environmental professional, experienced in handling Sea Turtles, shall be retained for any relocation that may need to be done in the course of the construction, as was recommended. An addition to this condition shall be that prior to issuance of a St. Lucie County Vegetation Removal Permit, a pre-clearing meeting be conducted with the clearing contractors to provide educational materials (poster & pamphlets) to inform them of the protocol that shall be followed should a sea turtle nest be encountered. If a sea turtle is encountered during site construction, all work shall be halted and the environmental professional shall be contacted. 18. The applicant shall be required to submit to St. Lucie County an annual monitoring report demonstrating compliance with the above conditions. The requirement for this report shall begin on the anniversary date of commencement of construction and shall continue on that date until two (2) years after the completion of the development. For the purpose of this condition, "completion of the development" shall mean the issuance of the 82nd Certificate of Occupancy or the Certificate of Occupancy for the 98th percentile of the final project density in the event that less than 84 units are constructed on this site. 19. The hours of operation for construction activities shall be in compliance with the County Noise Ordinance. ATTACHMENTS: 1. Environmental Resources Department Report 11/08/2007 2. Deed for Parcel #5 3. Environmental Impact Report Revised October 2007 4. Preserve Area Management and Monitoring Plan Revised October 2007 5. Sea Turtle Protection Plan Revised October 2007 6. Preliminary Landscape Plan 7. Conceptual Drainage Plan 8. Conceptual Utility Plan 9. s "clouded" Sheets SP-1 and A-1 Approved by: November 15, 2007 Hutchinson Sands Major Site Plan MJSP 05-025 Memorandum to Board of County Commissioners Meeting date: November 27,2007 Page 8 of 8 '" 0 0 i- N ~I .. ... N In '" t~ 11 " z.~ E L() 41 c 11 li. cu N Jj C/) 9 ~ I c L() 0 0 '{'ll ~! l!! In a.. c. C C/) i :c ...., :0 0 ::!: - :::l :::I: c: .. '15 .s .--~ ~ 8 ~ 'peoiruU!liS~~~- ~ o (,) c: ~ ~ ~'-"-PH-~,-iBun.--'-'---' -'---'pg-jiUi5JiP'iiH'~-'----'~--'-~" ! u ~ u l;1 u --'PM' PiBuS'-"'--.-- ..-","..--- "O-pii~uOtTii~->'- I8UIlO 1'(:-::) ..~", ,,""'~/ .-r-~~" I I I I I , , I I I , I I I I I , I I I I ------------' ---------------------------------- 'luno:} ..qOlpe.~o Hutchinson Sands MJSP 05-025 Legend x- .L~ a,~~->- (irowln .:Man'W"",",/' :Ih'plZrl7nnJt N A ~ subject property Map prepared September 24, 2007 Land Use , - '>!!l; I , ~ I I I I I I ,. J J J , , J J I , I : \ L_______ , I I I , I I I I I I I \ , \ \ \ , \ \ \ ~ \ '::l , 9". \ ~ \ -a. \ L \ (\) , "" Hutchinson Sands \ \ \ \ \ , cptJa- '\\ .~' ;~ ./#~rt ,~~~~~./ 'f ) < '//@'~ ij//'i.// / /. -Y//...9'A ~/// / - '" /j (///4A/~ ''i''/./ , .v AL ''i)' / L>(;;~// 'y... 'X./ ./ ///j /" 'W' /.:1'/'/0-' '" ~ .. ~ Y/// ?///.? . ./ ://~'0 '.I ~ II 'p7./// /jy/// / ,'/'//;//{0! (.I ,~ V / ," "'v'/ /Y,/ ,A' , , ' ' "~ ~;fY/Y..r::: "//J '9 (7//./)( '7"V;///.//.//;. '" '. ~/ ,~&~j~.,V ,~~ ,'_ "'A ~ t7//////h- / \. j, '// "/~ ~ '// '/,/ T / // ,////~. '/ ~//~ / '/ */// l:'///./ / ',//"/////// ./:, ////// /// /v'///// ///////, ~~ : CPUB I I I I I "- __ I CPUB ..... - - - '-.;::' ""'\... -- MJSP 05-025 Legend ~ Subject property \ ~ \ ~ .., \ ~. (1 j" 0 , ~ 0 ~ "/ ru :; \ %./~ ./ /(\. '\ \\ ./ ;-;\~ J', ').. ,", I~ J " ~& ,f", ~//' ~/A ./ , / "/. I J I I I I I I I I , \ , \ , \ \ \ \ , , III ~ ~ ~ ~ .~ , ~~ ;!Il, ~ ~....~ \ \ \ \ \ \ , \ , [, ,.(;'t, ~ I~ '::.rlV'V~'-":'.. \- .lti \ \. ""'H~:-;;:- " 9;- ,;(udc- o;,~~ N Map ::;:;:~;;t:::~4, 2007 A Zoning ~ : c1l ~ ~ 't~:~~~\i~\ I I ,'; "..;~ '&1-:'f"?; / :}.:] .' '~~'.::>;: I I ;:1$i~CP' ~ , l :i HIRD ,:;~:~:;\t~ ,/ , : ~~ I I I ,. ~ ~~"'" ~ 1 i}.. ~I .' , i , ' \~,B tP:'j~~'~~}\ ( I I, I ;-------- / //~// ~ ,//// /~ ~'/ / ~ I "'ffi / ~ '" / / // E% i~ ~;fi/./.~ ~ ,.~ j .~~ ~ I ~~ ~ / '// ~~/ / / ." ./ ///0/; : / 0/.1: '/ '// '/~ / //1Il / / '///// :l I '/,ij/-@ //% /// 0/~/ ~v' " /0///~ /'/ 'l/'/h ~~ all '//~\ \~---------- ~ /:%/'// /~ lIl. V// . HIRD; , ", '/ ~ /~/~~'~~ \ I , \ ..-: ,~// '/// :;g / ~ \\ \\ ~/ //,/ ~/ // /, /"" \\ I ~. ~/~// /~// I~ I I '- \ , I I " ~ ~ "/ .~m. / I I " '--_ ~0;'v// 'i:@ : \ -"-, .~~ 'l.-0;.~ I : \ - - - - - /", ,.c,.:'." '.j0.'.'C"i )"!CP@B..' ;;1i.;~1'"j I " \ r:-~-~ "-;" I ~~ ~ ':'{(' W .ci.'.;m: Ift;,_ I rJi,!j ';j"~ "i",."') """..,~k"~" rJ " ~ ~ 1 \ l'F~d" . ~ , Pc,;' ,'h " \:: .~ .Ji/ '(, ,;i~!/IJ" r;" " lJ'l<ll ' ~.:c \ ~~ " ~' " ~~ I \ :7"t: , :7... \ :7 \ .\. ,,'\. nl~u -, '\: , \,'\\ " , Hutchinson Sands ~ ~ ';:l ~. () o 'd, ~ MJSP 05-025 Legend 5l: ~~ 6'c<~~,::>- N Map ;:;:~:~;::t:::~4, 2007 A ~ Subject property BRO\VN REALTY, LLC James P. Brown - Nancy M. Brown Licensed Real Estate Brokers brownjnac@aol.com o 5040 SE Buming Tree Circle Stuart. FL 34997 Voice (772) 485-9639 F<lCSlmile (772) 219.8629 o 399 North Cypress Drive Tequest<l. FL 33469 Voice (561) 746.5310 Facsimile (561) 774.7219 November 13, 2007 Board of County Commissioners St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Hutchinson Sands Dear Commissioners: This is a request for waiver to Comprehensive Plan Policy 8.1.14.2 for the Hutchinson Sands project on South Hutchinson Island. That policy addresses and greatly restricts permitted improvements in Class I waters. Based upon the greatly minimized impacts of the latest site plan, the extensive mitigation and wetland creation along AlA, the public benefit of connecting two existing County parks with a donation of over 100 acres and almost 2,000 of lagoon frontage, I respectfully request that you find this a reasonable request and grant this waiver as a part of the major site plan application approval at the meeting of November 27, 2007. Yours v ruly: -...... / ;v~~ James P. Brown Project Manager -....... Cc: Herbert S. Garten Harold Melville tn W - ...g z"" wO :ED. we ...Jz uJe( ztn OW -> ~F= >0 a:w w'" mCD zO o a o!l e( o Cl ern ::;)'" 5"': _lII 011:'; c: '- '68: .alii .~ -2l ~o rn- 8.f5 e E ~ Q.~ EQi ell > E~ 8-- ~. _Ill ~ .~.- ~':;;e -g g>'!!! J!:;e= =aal'O _0'1: o en I'll ~ - 0.. il: al en '$ &. 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C 0> - - '-:l III ::=:=:~"C )(.-"E- o ~c"'C1ii :::I Gl :::> ._'" '5CD>mO :;::>=t._c..ta.s::. oC:1ii ~"O-= :gC-~CIlGl"O- UGlc Q) C '" ~ I!!CIl&i=GlEUl C .!9 c ...~ ...c:"'c:c ,!:E il= CU'O Gl '" m mQ) -ClI",1Il ..cl!!c _4icuQ) S1a~oS=Uili <(lilis..l!!'O.f:lii I- 0.. ,_ <( ~.5= Iii ii: M ~ Lri .:0 ~j >-~ ,Q~ >o-.i >o-.i 8i .5:! "": 0- u- 0"": 15"": =a~ '8"; .!!! ~ ll.CIO 0..= CL.cz) a.cz) ~! BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 25, 2007 Convened: 9:00 a.m. Adjourned: 10:30 am. Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Doug Coward, Charles Grande Others Present: Doug Anderson, COWlty Administrator, Faye Outlaw, Asst. COWlty Administrator, Lee Ann Lowery, Asset. COWlty Administrator, Dan Mcintyre, COWlty Attorney, Debra Brisson, Parks and Recreation Director, Lauri Case, Utilities Director, Diana Lewis, Airport Director, Neil Appel, Purchasing Director, Leo Cordeiro, Solid Waste Director, Don West, Public Works Director, Roger Shinn, Central Services Director, Paul Hiott, Veteran Services Director, Marie Gouin, M & B Director, Ed Fry, Clerk of Courts, Jack Southard, Susan Kilmer, Library Director, Millie Delgado- Feliciano, Deputy Clerk I. MINUTES It was moved by Com. Coward, seconded by Corn. Smith, to approve the minutes from the following meetings: September 6, 2007 Preliminary Budget Public Hearing September 13, 2007 Final Budget Public Hearing September 18, 2007 Regular Meeting and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATION A. Resolution No. 07-296 Proclaiming September 25,2007 "QVC DAY" in St. Lucie COWlty, Florida It was moved by Com. Lewis, seconded by Com. Grande, to approve Resolution No. 07- 296, and; upon roll call, motion carried unanimously. B. Nutrition and Fitness for a Healthy Lifestyle Anita Neal, Director UFIIFAS SLC Cooperative Education. Ms. Neal introduced Present Annabel Roy, 5th grade student at Frances K. Sweet Elementary. C. The COWlty Administrator annoWlced the Employee of the Quarter for April, May and June 2007, Ms. Debbie Scribner from the Solid Waste Department. PRESENTATION Mr. Paul Hiott, Veteran Services Director presented the Bowl for Kids Sake Awards. The bowling trophy was presented to the Clerk of Courts and his employees and the fundraising award was presented to the Board of COWlty Commissioners and their employees. CA-3- LIBRARY Budget Resolution No. 07-182 Communication FWlds- The Board approved Resolution No. 07-182 for the acceptance of refunded communication charges for the Library Department. CA-4. LIBRARY Stale Aid to Libraries Grant- The Board authorized the Chainnan of the Board to sign two copies of the application, at the time of approval for the State Aid to Libraries Grant application- the date will be added once the original application is signed in Tallahassee. CA.S- PURCHASING Change Order No. 01 to Contract C07-07-389 with ADS Telecom Inc., d/b/a Black Box Network Services for Structured Cabling system for the Clerk of Courts facility- The Board approved to approve Change Order No.1 to Contract C07-07-389 with ADS Telecom Inc., d/b/a Black Box NetWork Services for Bid No. 07-072 structured cabling system for the Clerk of Courts facility in the amoWlt of$19,8S2.83 and authorized the Chainnan to sign the change order as prepared by the County Attorney. CA.6- INFORMATION TECHNOLOGY Request for Board approval for the purchase of a Krenos Time Clock, Software, Support Services for the new Clerk's building- The Board approved the purchase of a Krenos Time Clock, Software, Support Services, approval of Budget Amendment # BA07-088 and approval of Equipment Request # 07-364. REGULAR AGENDA S.A There are no public hearings scheduled. 6. GROWTH MANAGEMENT (1 :00:32) Petition of James P. Brown for Herbert S. Garten, Lynnore Moss, front Street, LLC Ute Avenue, LLC Indiantown Land, Inc., and Aspen, LLC for a Major Site plan for property located on South Hutchinson Island along Highway A-l-A one quarter mile south of Frederick Douglas Park and due south of Sea Oats (aka Anacostia Place) North of Middle Cove for the project to be known as Hutchinson Sands. Draft Denial Resolution No. 07-247 - Consider staff recommendation to deny this petition because of the non- compliance by the applicant to the policies of the St. Lucie COWlty Comprehensive Plan and St. Lucie CoWlty Land Development Code. Staff advised the Board that in speaking with the petitioner's representatives they had come to the conclusion that it may be best to defer this item for 60 days in order to clear up technical issues and environmental issues. It was moved by Com. Grande, to continue this item for 60 days; Com. Coward requested some discussion on this item. He stated he reviewed the plan and it was very difficult to follow and would like more information brought forward and a summary upfront that lays out the project. The Growth Management Director concurred with Com. Coward's comments and stated he would like to have the opportunity to review the plan more closely and 60 days would be ideal for him. Com. Coward stated in reviewing the plan he sees the development spread out and he felt it could be designed better to minimize the impact on the environmental areas. Mr. Jim Brown, applicant, addressed the Board and stated he would like input from the Board. He also stated there would be an impact on wetlands regardless of what they do. 7 He looks forward to meeting with each individual Commissioner to try and resolve the issues. Com. Coward stated he does acknowledge the impact on the wetlands, however it does not necessarily there has to be 4.5 acres of wetland impacted. He encourages having less buildings and less asphalt. Mr. Brown stated they would give it their best effort. The COWIty Attorney recommended withdrawing the item since it is not a public hearing with a motion not being necessary and re-agenda it sometime in November. The Board concurred. RA.l GROWTH MANAGEMENT Petition of Jet Investments Inc., for a major adjustment to a major site plan for property located at 4145 S. U.S. 1 and due north of Tumblin Kling Road for the project known as Jetson TV & Appliance. Draft Resolution No. 07-250. Consider staff recommendation to approve this petition with conditions because of the wmpliance by the applicant to the policies of the St. Lucie County Comprehensive Plan and conditions that will bring the site plan into compliance with the St. Lucie County Land Development Code. The Representative for the applicant advised the Board that the misunderstanding which led to condition # 4 had been cleared up and would like to have it removed. The Growth Management Director concurred with the removal of item # 4. It was moved by Com. Coward, seconded by Com. Grande to approve staff recommendation with the deletion of condition # 4, and; upon roll call, motion carried unanimously. RA.2- GRANTS Authorize the withdrawl of a grant application to the Hazard Mitigation Grant Program for funds to be used for construction costs associated with strengthening the wind load resistance of new Special Needs Shelter. Also authorize the Special Needs Shelter to be constructed to a 180 mph wind load as stipulated in two grant contracts the County has received from the State Legislature. Also authorize the county to continue a construction schedule to have the Special Needs Shelter constructed by 8/15/08 which will allow the County to retain a $2.5 million grant it has received from the State- Consider staff recommendation to authorize withdrawing the County's HMGP grant application for the Special Needs Shelter, construction the new Special Needs Shelter to a 180 mph wind load, and maintaining a construction schedule to have the Special Needs Shelter constructed by 8/15/08 which will allow the County to retain a $2.5 million grant it has received from the State. The COWIty Administrator advised the Board staff wished to amend their recommendation being they are not requesting to withdraw their grant agreement and would like to continue to work with their delegation to change the requirements on the wind load. It was moved by Com. Coward, seconded by Com. Grande to approve staff recommendation as amended, and; upon roll call, motion carried unanimously. 8 '4 STAFF REPORT To: Board of County Commissioners Prepared by: Larry Szynkowski, AICP, Senior Planner Item: Hutchinson Sands MJSP 05-025 Date: 08-23-07 GENERAL INFORMATION: Applicant: James P. Brown for Herbert S. Garten, Lynnore Moss, Front Street, LLC, Ute Avenue, LLC, Indiantown Land, Inc. and Aspen, LLC Contact Person: James P. Brown/ Michele Tyler Phone: (772) 485-96439/ 464-3537 x106 Requested Action: Approve 84 Condo Units in 7 Buildings on South Hutchinson Island Purpose: Construct 48 Condominiums and a swimming pool seaward of the 1998 Coastal Construction Control Line Location: Both east and west of North A1A, approximately from the north 440 feet south of Anacostia Place and 1260 feet south of Frederick Douglas Park. Size: Approximately 132.21 acres overall and 27.87acres east of Highway A1A where the development is proposed on 11.64 acres Existina Future Land Use and Zonina: East of Highway A1A is RU (Residential Urban Future Land Use) 5 dulacre, wetland and beach West of Highway A1A is RlC (Residential/Conservation Future Land Use)1 du/5 acres, mangroves Further south CPUB (Conservation Public Future Land Use) mangroves The Zoning on the entire site is HIRD - Hutchinson Island Residential District. Surroundina Land Use and Zonina: Northeast: Residential Urban Future Land Use & HIRD Zoning District Northeast: CPUB - Conservation Public Future Land Use & CPUB Zoning District Southeast of Highway A1A is RU - Residential Urban - 5 du/1 acre Future Land Use. Southwest of Highway A1A is CPUB- Conservation Public Future Land Use East: NA: Ocean West: NA Indian River Lagoon STAFF REPORT DATE: 8-23-07 Page 1 of9 Form No. 07-15 APPLICATION NO.: MJSP 05-025 PREPARED BY: Larry Szynkowski HEARING BODY: Board of County Commissioners HEARING DATE: 08-28-2007 Comorehensive Plan: According to Policy 8.1.14.1 a., the wetland on this project is a "Category I" wetland. Policy 8.1.14.2 states that "The County shall not permit development in a Category I wetland or any wetland buffer associated with these wetlands, except as follows: a) Clearing and or construction of walking trails; b) Construction of boardwalks/catwalks for direct access to water bodies; construction of wildlife management shelters, foot bridges, observation decks and similar structures not requiring a dredge or fill for their placement; and c) Clearing and/or construction of electric/cable utility, stormwater management, waste or wastewater infrastructure as needed to provide public service that does not impair the long term viability of the wetland system. d) Alteration is permissible within Category I and II wetlands, and the required buffer as necessary for the above activities if: i) No other reasonable alternative exists and avoidance cannot be achieved; ii) Such activity is consistent with other policies of the Compo Plan; iii) Such activity complies with the requirements of all Federal, State, and Local agencies claiming jurisdiction over wetland alteration and adequate mitigation of any adverse hydrological and physical alterations is provided; Iv) No more than 1 percent of any Category I wetland is impacted, except as noted in Policy 8.1.14.3; v) No more than 15 percent of any Category II wetland is impacted, except as noted in Policy 8.1.14.3; vi) Appropriate mitigation is provided. As the construction of town homes is not listed as one of the permissible activities, see Policy 8.1.14.4 which states "In addition to the alteration provisions of Policy 8.1.14.3 (c) alteration of a Category I or II wetland may be allowed when no other reasonable alternative exists and avoidance and minimization of impacts cannot otherwise be achieved. Any provisions of this Compo Plan related to the preservation of a Category 1 wetland that precludes all reasonable economically viable use of the property or would prohibit a reasonable public use of the property and which if applied would result in a compensable taking of the property may be waived to the extent necessary to provide the minimum reasonable use, public or private, of the property. These provisions shall only be waived following the review and approval of the SOCC, or their designee. ERD recommends that the BOCC consider denial of this project ERD staff recognizes that the construction of the access road likely qualifies as "No other reasonable alternative exists and avoidance cannot be achieved", however the construction of the 3 condominiums (36 units), 2 dry detention areas and the two very large drive areas that impact the wetland clearly do not qualify as "No other reasonable alternative exists and avoidance cannot be achieved". Throughout the development review process, the applicant made absolutely no reduction of Impacts to the mangrove swamp. The SLC BOCC Is responsible for the final determination of whether the wetland Impacts due to the access road and 3 condominiums (36 units) is considered reasonable use of the property. Policy 7.1.1.1 states that future development in the coastal area shall be limited to those those land uses which are resource dependant or compatible with the physical and environmental characteristics of the coastal area, or to those uses which can occur without degradation of important environmental values or interference with legally used STAFF REPORT DATE: 8-23-07 Page 2 of9 Form No. 07-15 APPLICATION NO.: MJSP 05-025 PREPARED BY: Larry Szynkowski HEARING BODY: Board of County Commissioners HEARING DATE: 08-28-2007 public access to coastal area shorelines.; Objective 7.1.2 states that the County shall support the protection, conservation, or enhancement of coastal uplands and wetlands. .. ; Policy 7.1.2.3 states that the County shall continue to implement and enforce land Development regulations, which require a minimum fifty foot buffer zone of native upland and transitional vegetation along rivers, creeks, and estuaries... File Date: 11/30/2005 20 Working Day Limitation Period for Completeness Determination: 12-30-2005 Result -1LComplete; Incomplete Applicant's Information Response Due Date: 1-31-2006 Date of Response: 12-22-2005 Applicant's Response:.J<_ Will Address Comments; _Will Not Address Comments Due Date of Response to Comments: 4-7-2006/ 9-8-2006/10-02-2006/11-10-06/12-16- 2006/02-08-2007/06-21-2007 Date Response to Comments Received: 7-24-2006/7-13-2006/10-25-2006/12-08-2006/ 3-24-2007/6-11-2007/6-13-2007 20 Working Day Limitation Period for DRC Review: Date of ORe Review: 02-01-2006 02-01-2006 SPECIAL INFORMATION: Public Utilities Providers: Fort Pierce utilities Authority confirmed the availability of potable water contingent on payments, infrastructure and water/wastewater supply agreement. Public Services Providers: Fire Station #2 at 880 Seaway Drive with a new station being built a little closer BACKGROUND INFORMATION: ANAL YSIS: Current Zonina: What does current zoning allow? HIRD Zoning with Residential Future Land Use allows 5 du/acre of land. On 13.70-acres in two parcels, 68 units would be allowed. Prooosed ZoninQ: What would proposed zoning allow? The current zoning would remain, but the site plan adds 15.82 acres of Conservation Area to STAFF REPORT DATE: 8-23-07 Page 3 of9 Form No. 07-15 APPLICATION NO.: MJSP 05-025 PREPARED BY: Larry Szynkowski HEARING BODY: Board of County Commissioners HEARING DATE: 08-28-2007 Comoliance with Comorehensive Plan: The Site Plan does not comply with Policy 8.1.14.1 a., the wetland on this project is a "Category I" wetland. Policy 8.1.14.2 states that "The County shall not permit development in a Category I wetland or any wetland buffer associated with these wetlands," with exceptions that can only be waived by the Board of County Commissioners. The petition is not in compliance with Policy 7.1.1.1, which states that future development in the coastal area shall be limited to those land uses which are resource dependant or compatible with the physical and environmental characteristics of the coastal area, or to those uses which can occur without degradation of important environmental values or interference with legally used public access to coastal area shorelines.; Objective 7.1.2 states that the County shall support the protection, conservation, or enhancement of coastal uplands and wetlands...; This project degrades coastal wetlands. Comoatibilitv with neiahborhood: The predominant use in this area is Public Conservation and Resource Conservation. There is a platted area called Anacostia Place north of the petitioned site that has not been developed. It is not consistent with the Resource Conservation use in the area because of the wetlands proposed for fill and construction. The proposed construction seaward of the 1988 Construction Control Line is not consistent with the coastal zone area and the policies of the Comprehensive Plan. Landscaping: Buffers: Required Proposed Required Area: 14,220 sq ft Proposed Area:9.480 sq ft Required Dimensions: 15' w Proposed Dimensions: 1 0' w No. Canopy Trees:32 Height: 12' Dbh:2.5" Crown Spread:5' No. Understory Trees:26 Height: 12' Dbh: 2.5" Crown Spread:5' No. Shrubs: Height: 2' No. Canopy Trees: 32 Height 12' Dbh: 2.5" Crown Spread:5' No. Understory Trees:32 Height: 12' Dbh:2.5" Crown Spread:5' No. Shrubs: 474 Height: 2' Interior Islands: Required No.:26 Proposed NO.:26 Required Area:4,696 sq ft Proposed Area:4,696 sq ft Required Dimensions: 1 0'x15' Proposed Dimensions: 1 0'x15' Required Planting: 150 sq ft Proposed Planting: 150 sq ft STAFF REPORT DATE: 8-23-07 Page 4 of9 Form No. 07-15 APPLICATION NO.: MJSP 05-025 PREPARED BY: Larry Szynkowski HEARING BODY: Board of County Commissioners HEARING DATE: 08-28-2007 Other Landscaping: On Hutchinson Island 75% of landscaping material by type shall consist of species on Section 7.09.04 M. The only species on that list is the cabbage palm. The mahogany and silver buttonwood trees, green buttonwood shrubs and St. Augustine sod are not on that list. Environmentallv Sensitive Areas: dunes, wetlands, drainage; suitability for wetland species, suitability for community development, suitability for dwellings without basements; subsurface geology; upland habitat; listed species. ComDrehensive Plan: According to Policy 8.1.14.1 a., the wetland on this project is a "Category I" wetland. Policy 8.1.14.5 requires a minimum 50 foot buffer between the Category I wetland and the new development activity in order to protect water quality, preserve natural functions, and preserve wildlife habitat. The buffer, measured landward from the approved jurisdictional line, shall be maintained in a natural vegetative state and be free of exotic and nuisance species as defined by the Florida Pest Council. Any areas within the buffer that are currently bare or are left bare from exotic removal shall be planted with appropriate native vegetation. No native upland buffer was proposed along the wetland. Chapter 6.02.03.0. of the SLC Land Development Code states that a permit may not be issued pursuant to this Code until it is determined that ... there shall be no net loss of wetland values and functions; the project will not adversely affect the conservation of fish or wildlife or their habitats; the project will not cause excessive shoaling or erosion; the project will not adversely affect commercial or recreational fisheries or their habitat; the project will not adversely impact endangered species, threatened species, and species of special concern and/or their habitat; project alternatives and modifications to lessen impacts are not feasible; the project does not adversely impact any other federal, state or local designated preserve or conservation area, etc. It appears that absolutely no efforts were made to minimize the impacts to the natural resources of this site. The EIR states that the proposed project will unavoidably impact 5.45 acres of mangrove swamp without avoidance and minimization of impacts to the onsite natural resources. Soils: The entire site subsurface of 10' is shelly sand and clay. The surface has 150' to 200' width of beaches soil; 160' to 300' of canaveral fine sand 0-5% slopes where the construction is proposed seaward of the CCCL. The canaveral sand has a severe ratin!:! and wetness for dwellings without basements. The terra ceia muck, tidal is further inland and is where the remaining buildings are proposed for construction. Terra ceia has severe ratina. floods, wetness and low strength for dwellings without basements. Natural Hazards: The site is located almost entirely in the FEMA flood zone AE, except for the far northeast strip that is flood zone VE. Zone AE is a Special Flood Hazard Area. The VE is a coastal STAFF REPORT DATE: 8-23-07 Page 5 of9 Form No. 07-15 APPLICATION NO.: MJSP 05-025 PREPARED BY: Larry Szynkowski HEARING BODY: Board of County Commissioners HEARING DATE: 08-28-2007 high hazard zone; coastal hurricane evacuation zone which calls for capacity impacts and shelter impacts; and is in a high wind zone. St. Lucie County Land Development Code Section 6.02.01 B.1., for Coastal Area Protection regulations, apply to South Hutchinson Island and to land within the Coastal High Hazard Area, which is the "V' zone according to the Federal Emergency Management Administration (FEMA.) This project's lands fall within this section of the Code according to Section 6.02.01 C. 1. No development shall be allowed that results in the alteration, degradation or destruction of environmentally sensitive resources or habitats. except when: a. The development is necessary to prevent or eliminate a public hazard. b. The development would provide direct public benefits which would exceed those lost to the public as a result of the resource or habitat alteration, degradation or destruction. c. The development is proposed for environmentally sensitive habitats in which the functions and values currently provided are significantly less than those typically associated with such habitat types. d. The design and layout of the proposed development is the least disruptive to the environmentally sensitive resources or habitats. This project would alter, degrade and destroy environmentally sensitive wetlands. Therefore, it is not consistent with Section 6.02.01 B.1 of the St. Lucie County Land Development Code. Code Section 6.02.01 B.3.a. requires that prior to development: when it is determined that a federal or state protected species is resident on or otherwise is significantly dependent upon the subject parcel of land, the person undertaking development shall consult with the Florida Fish Wildlife Commission, U.S. Fish and Wildlife Service, and the County. Appropriate protection to the satisfaction of all parties shall be provided prior to approval of the development. County Land Development Code Section 6.02.01 B 4. requires a permit from the Florida Department of Environmental Protection must be obtained for all construction seaward of the adopted Coastal Construction Control Line. This includes all buildings, garages, and accessory structures, including but not limited to, pools, sun decks, boardwalks, tennis courts, and paved areas for parking. Four condominium buildings, clubhouse, pool and deck, as well as, the areas for parking and driveways are seaward of the 1988 Coastal Construction Control Line Historic Buildings: None Archeological sites: Highway A1A Right-of-way Traffic imoacts: STAFF JiliPORT DATE: 8-23-07 Page 6 of9 Form No. 07-15 APPLICATION NO.: MJSP 05-025 PREPARED BY: Larry Szynkowski HEARING BODY: Board of County Commissioners HEARING DATE: 08-28-2007 '~( , After reviewing the above referenced project for concurrency, staff has determined that the Transportation Impact Report complies with Section 11.02.09(A)(4) and satisfies the provision stated in Chapter 5 "Concurrency Test" with the following determinations: Trip Generation: Trip Distribution: Mode Choice: Trip Assignment: "Residential CondominiumfTownhouse" (ITE 230) Fitted Curve Equation: Ln(T) = 0.85LnX + 2.55 Rate: Ln(T) = 0.85Ln(84) + 2.55 How many trips: 553 average trips/day; (In: 50%, 276; Out: 50%, 277) PM Peak Hour Fitted Curve Equation: Ln(T) = 0.82Ln(X) + 0.32 Rate: Ln(T) = 0.82Ln(84) + 0.32 How many trips: 52 PM Peak hour of Generator; (In: 67%,35; Out: 33%,17) The report analyzed where the trips are going by using the existing trips producers and attractors on the transportation network and using the St. Lucie Urban Area MPO 2005 count data. Auto occupancy. No transit modes of travel analyzed. The report analyzed the routes and available paths for trip assignment. The following exhibit shows the pre-development volumes, the project trips, and the post-development volumes. LOS Project LOS LOS Pre-Development LOS Trips Post-Development LOS Cap; SR A-1-A South of FPL Plant 8,107 C 276 8,383 C 1~ North of Blue Heron Blvd. 6,795 B 277 7,072 C 1~ Conclusion: Access and Parkinc: Staff has reviewed the impacts from the proposed residential development and has determined that all of the links within the impact study area are expected to operate at an acceptable level of service. Staff recommends turn lanes at the project entrance. The primary access road could have been located further north on an old berm created for mosquito ditching, thereby decreasing the impact on wetlands. The access could enter the site at what is a proposed "Drive Area.. The emergency beach access has three trees obstructing it. Parking facility has 23 spaces in each building 10' x18': proposed, but 24 spaces are required. There should be one (1) handicapped space within the parking facility in each building. There are 38 parking spaces exterior regular parking spaces, plus 14 exterior STAFF REPORT DATE: 8-23-07 Page 7 of9 Form No. 07-15 APPLICATION NO.: MJSP 05-025 PREPARED BY: Larry Szynkowski HEARING BODY: Board of County Commissioners HEARING DATE: 08-28-2007 handicapped spaces. There are no parking spaces within the proximity of the clubhouse/pool. The total number of spaces required is 173. The internal circulation system design has the 50' wide primary access road approximately 780' to the guard house. The road turns northwest with 22' of width for approximately another 740' to a cui de sac with a 50' radius thereby complying with fire district standard for cui de sacs. The driveway should be 26' between parking areas. Storm water manaaement: 100-vear flood reQulation comoliance and imoacts According to Section 6.05.02 A. In all areas of special flood hazard all new construction shall be anchored to prevent flotation, collapse or lateral movement of the structure; constructed with materials and utility equipment resistant to flood damage; constructed by methods and practices that minimize flood damage. Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. New water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. Sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. The Hutchinson Sands Project must at minimum comply and the applicant must detail how these standards are met. Section 6.05.03 A. requires that in all areas of special flood hazard where base flood elevation data has been provided, as set forth in Section 6.05.01 (D) or Section 6.05.07 (B) (10), new construction shall have the lowest floor, including basement, elevated to or above base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of subsection 6.05.03 (A) (3). The applicant would build at the base flood elevation. Therefore according to the above section, the applicant is required to show that the foundation allows unimpeded movement of floodwaters in a flood situation. According to Section 6.05.05 D. base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of fifty (50) lots or five (5) acres. Water and Sewer: The nearest sanitary sewer and water main location is under Highway A1A Right-of-way and proposed extensions are a twelve inch main for water and a 4 inch force main for wastewater. A letter was provided from Fort Pierce Utilities Authority stating capacity is available with further requirements for facility construction plans. available capacity versus project demand, if supplied by county; special needs for fire flow/fire protection. Park and Recreation: Level of Service Standards: Demands: Facilities available: Facilities Drooosed. those that meet oublic reQuirements: Meets LOS Standard? If not. reQuired facilities. fees. The residential population of the development determines the size of the recreation level of service. The projected population of 84 units at 2.5 persons pre household (2000 Census) would be 210 persons. At five acres per thousand persons, the STAFF REPORT DATE: 8-23-07 Page 8 of9 Form No. 07-15 APPLICATION NO.: MJSP 05-025 PREPARED BY: Larry Szynkowski HEARING BODY: Board of County Commissioners HEARING DATE: 08-28-2007 I development would require 1 acre of regional park land. The petitioner could meet this requirement by providing the beach for public use. The impact fees apply for Multi-family units in buildings of three floors or more. Summary: STAFF RECOMMENDATION: Denial of petition DEFICIENCIES AND DISCREPANCIES: The construction is proposed for three condominium buildings in a wetland area landward of the 1988 Coastal Construction Control Line (CCCL). There are five buildings (four condominium buildings and a clubhouse/pool) proposed to be constructed seaward of the 1988 CCCL. The access road does not meet minimum right-of-way width according to the St. Lucie County Land Development Code Section 7.05.07.The parking area does not meet driveway minimum width per St. Lucie County Land Development Code Section 7.06.02. B. 1. a. The interior parking garage on the first floor of each building does not comply with the handicapped parking requirements in Section 7.06.02. B. 1. f. The seven condominium buildings are not consistent with the maximum height of the Hutchinson Island Building Height Overlay for Hutchinson Island Zone B in Section 4.01.04 that requires a maximum height of thirty-five (35) feet from minimum finished grade to the average of the roof ridge and eave height. ATTACHMENTS: 1. Draft Resolution Environmental Resources Report. 2. Environmental Resources Department Report. 3. Deed for Parcel #5 4.Boundary and Topographic survey 5. Site Plan Approved by: ~ r ~ f. J__ PLANNI~ . DEPARTMENT OF GROWTH MANAGEMENT STAFF REPORT DATE: 8-23-07 Page 9 of9 Form No. 07-15 APPLICATION NO.: MJSP 05-025 PREPARED BY: Larry Szynkowski HEARING BODY: Board of County Commissioners HEARING DATE: 08-28-2007 This instrument prepared without benefit of examination of title by: n.l. Heather Young, Assistant County AtIfr2ey St. Lucie County . 2300 Virginia Avenue Fort Pierce, FL 34982 Florida Bar No: 0563110 QUlT-CLAIM DEED TIUSQUIT.CLAIMDEED,madethis~dayof J(.UL(... ,2004,byST.LUCIE COUNTY, a political subdivision of the State of Florida, 2300 Virginia Avenue, Fort Pierce, Florida 34982 ("Grantor") to L YNNORE MOSS, an unremarried widow, 36 S. Charles Street, Suite 2300, Baltimore, MD 21201, and HERBERT S. GARTEN, a married man, 36 S. Charles Street, Suite 2300, Baltimore, MD 21201, ("Grantees"): WITNESSETH, that the Grantor, for and in consideration of the sum of$1 0.00, in hand paid by the Grantees, the receipt whereofis hereby acknowledged, does hereby remise, release and quit- claim unto the Grantees forever, all the right, title, interest, claim and demand which the Grantor have in and to the following described non-homestead lot, pi or parcel of land, situate, lying and being in the County of St. Lucie, State of Florida, to-wit: All that portion of Government Lots 3 and 4 Range 41 East, St. Lucie County, Florida, lying south of the ,To ship 35 South, ngdescribed line: For a Point of Reference, start at the in with the Southwesterly right-of-way Road A-I-A, run thence South 00"08'10", a distance of 72.00 to the PO F BEG West, a distance of655 feet; feet, more or less, to the described line. I This property is vac or has it ever been the homestead of the Grantor. TO HAVE AND e together with all and singular appurtenances thereto all the estate, right, title, interest, lien, equity and claim r equity, to the only proper use, benefit and behoof of the Page 1 of 2 ::C'Tlc... PI ::: I Ol'll -, o.~1T1 ~!-- ora 1= a--.;:a:: ~..~ 1'\:1 . .......N o~n .:!>oNI'"'" ~5a f-4(..1,.., f-4c::J .. '" f!;il -t ~~ o :0<:1:":1 ..... ~g -t "'tI ~~ -t U'I ...;J I ...... en :D ..... z: -t ~ ..... IT1 ~ -< IN WITNESS WHEREOF, the undersigned Grantor have hereunto set their hands and seals this J2.- day of ~ 2004. . ;,~A' '. ':': Aj' Signed, sealed, and delivered Grantor: ...A~'tY~~" .' in our presence as witnesses: St. Lucie County, a political s~~e:'!" ... State of Florida 4:"' ~"Y"i:I ~;\/~~\...;, ..'., I~! -' ;,l.~'~~~\.-'__'",,"'~ ~. .... ;.~;' "~~~~~:" .. . ,~'~". /:" . ,...tt . ,.",.-..".:!:. ;,~. .. :' .." .~f" ~ a .6WJwp Print:LMOL II: ~ IS HoP ~ Q-EYt Print: 11 ;~ PC' ~ sf(~J 9 e By: ~ Carol A.. Blshop f. . cornmlllieln' 00323&40 '\ \J.I expires May 26, 2008 ~OFiJF"-"'- -......- Mill' ad . ..... Ie g 0 ~n! "J1.....".,. , ,,"I ~. t. . '" Deputy Clerk .,,~...~..;.~:.-..:.,....':- J,f.... ~. .: . .,., f,.:,' ,;' ." . ~(.i ,.> ~ ' '. . ~:.- ,. .:,:' i ~.",(.",:,...i\{ i:..7 t,l"'a.,'~. '..:,' ...,A ;;"".~~.: .-;:.., ~ ~:.:~ ;~':'~:~:,::~,~"':ii: ~ 5" day of .j~'~:2004, ly known to me, _ produced a t five (5) years as identification, ~ 8 ::00: .... ~ ~ I'T'I ~ STATE OF ~o.... - COUNTY OF Sf-. "it..tUJ..LI The foregoing instrument was acknowledged beforeJIle this by Paula A. Lewis. Said person (Check one) 0/. is pe driver's license (issued by a state of the United States wi . the or produced other identification, to wit fI &u.d.f.L, IS ttoP or Printed Name of Notary ssion No.: l)"'D3.:231ct..(O My Commission expires: 5/210/08' Page 2 of 2 ....-....,l";,.,..:;...'. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 t~,':~i\'..).H"~.<',';-:":1I11.,~}: 'jjf,fi:' ~~"';,,~~. '.t,.'\': f-IAA' EN~RONMENTALRESOURCES DEPARTMENT 5 6 7 MEMORANDUM 8 ******************************************************************************************** TO: Linda Pendarvis, Development Review Planner FROM: DATE: Amy Mott, Environmental Regulations Manager November 8, 2007 RE: Hutchinson Sands - Major Site Plan .*************************************************************************************************** WETLANDS 1) 3nl06 ERD COMMENT - According to the St. Lucie County Comprehensive Plan, Policy 8.1.14.1 a., the wetland on this project is a "Category I" wetland. Policy 8.1.14.2 states that "The County shall not permit development in a Category I wetland or any wetland buffer associated with these wetlands, except as follows: a) Clearing and or construction of walking trails; b) Construction of boardwalks/catwalks for direct access to water bodies; construction of wildlife management shelters, foot bridges, observation decks and similar structures not requiring a dredge or fill for their placement; and c) Clearing and/or construction of electric/cable utility, stormwater management, waste or wastewater infrastructure as needed to provide public service that does not impair the long term viability of the wetland system. d) Alteration is permissible within Category I and II wetlands, and the required buffer as necessary for the above activities if: i) No other reasonable alternative exists and avoidance cannot be achieved; ii) Such activity is consistent with other policies of the Compo Plan; iii) Such activity complies with the requirements of all Federal, State, and Local agencies claiming jurisdiction over wetland alteration and adequate mitigation of any adverse hydrological and physical alterations is provided; iv) No more than 1 percent of any Category I wetland is impacted, except as noted in Policy 8.1.14.3; v) No more than 15 percent of any Category II wetland is impacted, except as noted in Policy 8.1.14.3; 1 1 vi) Appropriate mitigation is provided. 2 Please justify that the impacts meet one or more of the allowable activities listed 3 in Compo Plan Policy 8.1.14.2 a through d. 4 5 As the construction of town homes is not listed as one of the permissible 6 activities, please see Policy 8.1.14.4 which states "In addition to the alteration 7 provisions of Policy 8.1.14.3 (c) alteration of a Category I or II wetland may be 8 allowed when no other reasonable alternative exists and avoidance and 9 minimization of impacts cannot otherwise be achieved. Any provisions of this 10 Compo Plan related to the preservation of a Category I wetland that precludes all 11 reasonable economically viable use of the property or would prohibit a 12 reasonable public use of the property and which if applied would result in a 13 compensable taking of the property may be waived to the extent necessary to 14 provide the minimum reasonable use, public or private, of the property. These 15 provisions shall only be waived following the review and approval of the SOCC, 16 or their designee. 17 18 Should the applicant believe that development of the property qualifies for the 19 provisions of Policy 8.1.14.4 please submit justification so that ERD staff can 20 present the waiver request to the SOCC for consideration. 21 22 7/7/06 - Applicant's Response: "The subject property has recently been assessed 23 by the SLC Property Appraiser at $3.5 million. The applicant is entitled to make 24 reasonable economic use of the property and, accordingly, has analyzed a 25 variety of different development options for the subject property, including single 26 family lots, town homes, and condominiums. In that regard, please see the 27 Economic Impact Report enclosed. As can be seen from the Economic Impact 28 Report, no reasonable alternative development concept exists and the applicant 29 has taken all steps possible to avoid and minimize impacts in connection with the 30 proposed development plan. Refusing to allow the development to preclude any 31 reasonable economically viable use of the property and would result in a 32 compensable taking of the property by S1. Lucie County. In such event, SLC 33 would be obligated to pay to the applicant the fair market value of the property 34 together with the other expenses involved incident to taking." 35 36 8/31/06 - ERD's Response: ERD staff assumes the applicant's response is a 37 request for a waiver to the S1. Lucie County Comprehensive Plan Policy 8.1.14.2. 38 As was previously stated, these provisions shall only be waived following the 39 review and approval of the SOCC. At the time of soce hearing, ERD will 40 forward the site plan (including the Economic Impact Report) along with a staff 41 report from ERD to the soee for their consideration. The SLC soec will be 42 responsible for the final determination of whether the wetland impacts due to the 43 access road and 3 condominiums (36 units) is considered reasonable use of the 44 property. 45 2 1 ERD recommends that the BOCC consider denial of this project. ERO staff 2 recognizes that the construction of the access road likely qualifies as "No other 3 reasonable alternative exists and avoidance cannot be achieved", however the 4 construction of the 3 condominiums (36 units), 2 dry detention areas and the two 5 very large drive areas that impact the wetland clearly do not qualify as "No other 6 reasonable alternative exists and avoidance cannot be achieved". Throughout 7 the development review process, the applicant made absolutely no reduction of 8 impacts to the mangrove swamp. 9 10 The intent of the SLC Comprehensive Plan Chapter 7 is to plan for, and where 11 appropriate, restrict development activities where such activities would damage 12 or destroy coastal resources. Furthermore, Goal 7.1 of the SLC Compo Plan 13 states that all development in the coastal area shall occur in a manner which 14 protects, conserves, and enhances the natural resources of the coastal area and 15 the environmental, social and economic benefits attributed to them; Objective 16 7.1.1 states that SLC shall continue to protect the natural resources of the 17 coastal area from adverse impacts caused by future development through the 18 implementation and strengthening of existing environmentally related laws (not 19 supporting waivers to them); Policy 7.1.1.1 states that future development in the 20 coastal area shall be limited to those land uses which are resource dependant or 21 compatible with the physical and environmental characteristics of the coastal 22 area, or to those uses which can occur without degradation of important 23 environmental values or interference with legally used public access to coastal 24 area shorelines.; Objective 7.1.2 states that the County shall support the 25 protection, conservation, or enhancement of coastal uplands and wetlands...; 26 Policy 7.1.2.3 states that the County shall continue to implement and enforce 27 LOR's which require a minimum fifty foot buffer zone of native upland and 28 transitional vegetation along rivers, creeks, and estuaries... (not support waivers 29 of 0' upland buffers); Policy 7.1.3.10 states that the County shall discourage 30 development activities on submerged lands. 31 32 In addition to the Chapter 8 policy listed in our original comment above, Objective 33 8.1.4.6 requires that wetlands be protected and maintained through reduced 34 paving, conservation easements, cluster site planning and the micrositing of 35 buildings. Policy 8.1.14.5 requires a minimum 50 foot buffer between the 36 Category I wetland and the new development activity in order to protect water 37 quality, preserve natural functions, and preserve wildlife habitat. The buffer, 38 measured landward from the approved jurisdictional line, shall be maintained in a 39 natural vegetative state and be free of exotic and nuisance species as defined by 40 the Florida Pest Council. Any areas within the buffer that are currently bare or 41 are left bare from exotic removal shall be planted with appropriate native 42 vegetation. No native upland buffer was proposed along the wetland. 43 44 Chapter 6.02.03.0. of the SLC Land Development Code states that a permit may 45 not be issued pursuant to this Code until it is determined that... there shall be no 46 net loss of wetland values and functions; the project will not adversely affect the 47 conservation of fish or wildlife or their habitats; the project will not cause 3 1 excessive shoaling or erosion; the project will not adversely affect commercial or 2 recreational fisheries' or their habitat; the project will not adversely impact 3 endangered species, threatened species, and species of special concern and/or 4 their habitat; project alternatives and modifications to lessen impacts are not 5 feasible; the project does not adversely impact any other federal, state or local 6 designated preserve or conservation area, etc. 7 8 3/28/07 - NOT ADDRESSED - The applicant has not addressed this comment 9 so above comment remains the same. 10 11 NoYemDerr8lf200~CONDITr()l\irOF"APP~OVAf.j~~1NOW1frt~onsesffO 12 anvlof,4ERorstDre'Jiousitcommentifilefe'€sUtJmitfe'diwitn~tI1'eUatestrsutimittal 13 pacKaqesl~tfiEirefoie'lEROlsfaff~1co'ntinue's,ll!;to'~'assuiii&';#Jj,tfiilraDDlicantlis 14 ""ufsuin'''~aj'war'J8j;itcnSf.l~l!fuciitrCduri "":tCo'ffi"'^ritiensive1iPlihll?olic'^J8~1'~14r2~ 15 anartt1il.;:tt1ilsuDmission)~of~tfietsite"rplan!isti'owinQlimi:fict$~tonhe'wetlanas'~ 16 acts~as~'tfierrlFi'uest~forta;(w'ai'Jiif~tonn8'j;st~'rracie~Counf'l1C'om"'rehe'ijiive 17 Plan;~poncyI8!'1:~'4~2.~KwaS'D'r8viouilv~titateCt~these?!if)rovisionS1lcan"t'7only 18 6e~waivecUfollowin'Rttfii;'revlewta'nd]i~'''roval;;of~'the]BocC.rn'lthe~latElsfiiite 19 ii[in'ltlie~iIDlllicant~fiasfreaesi"niatthe~proiecUfrom'<<seven~12~unit16uilaina;s 20 tolfoTi~~21~UnitlDuitdinai:t<<maintifninarra~totiltnUffi6er;tofm'nitSU816e~'84~Ttie 21 reaeiian'lreduceilittie!~i)roposea{'wetlaijdtimDacti\~from~la~33!&ac'rei'to~2:50 22 icriS~.ERO~iwill'I'foiWara.t~tfie'liitel'fjlanlliitcluaii1QltlfelEcooomicllmpact 23 ReDoit}jiialonalwlthlla.stiiff.re6ortlffO~ffifiERD.tO\ltlfe~~BOCClffor;&f'tI1iir 24 consiaeratron1.Tnrefare~~'awtconCtitionroftaDPfoval(forlttielfinal~iitelplali~for: 25 tfi'e~HUtcfiiiison1~San"aS'Droiect\'1'stialll!be~tfiat~thal:BGCC~aefefmine~,wtietner 26 tnelimpactsrpro'Pbseattto;tthet:,wetlalia:tfrom~tfie""l.constfu'ctlon1rofiltfiist.proiect 27 Qualifyfforfa\Walver:'to!tComoreh*eniivi'!..Plan%Rolicvt8Z1:;:1~~2~ 28 29 2) 3/7/06 ERD COMMENT - It appears that absolutely no efforts were made to 30 minimize the impacts to the natural resources of this site. The EIR states that the 31 proposed project will unavoidably impact 5.45 ,acres of mangrove swamp. 32 Please demonstrate avoidance and minimization of impacts to the onsite natural 33 resources. 34 35 7/7/06 - Applicant's Response: "Please refer to enclosed Hutchinson sands 36 Economic Impact Report prepared by James P. Brown (Brown Realty). Impacts 37 to functional wetland areas were minimized to the extent technically and 38 economically feasible to the applicant. To accommodate ingress/egress to the 39 upland portion of the site, stormwater retention, and reasonable use of the 40 property a total of 3.33 acres of existing mangrove wetland are proposed for 41 impact. The remaining 2.12 acres is no longer considered wetland impact since 42 this area has naturally reverted to an upland plant community. Construction of a 43 bulkhead retaining wall was incorporated into the site plan to reduce the amount 44 of fill required for this project. Any further reduction of wetland impacts would 45 make the project financially unfeasible." 46 4 1 8/31/06 - ERD's Resoonse: Please see response to comment #1 above. 2 3 3/28/07 - NOT ADDRESSED - The applicant has not addressed this comment 4 so above comment remains the same. 5 . 6 November 8. 2007 - CONDITION OF APPROVAL - see condition of approval 7 for comment #1. 8 9 2a) 317/06 ERD COMMENT - Could the applicant gain access to the site through 10 the existing "Sea Oats" property to the north? 11 12 717/06 - Aoolicant's Resoonse: "The applicant cannot gain access through the 13 sea Oats community. Sea Oats consists of ten single family homes and does not 14 want ingress/egress traffic of eighty-four condominiums through their 15 development." 16 17 November 8. 2007 - ADDRESSED - see condition of approval for comment 18 #1. 19 20 2b) 317/06 ERD COMMENT - Could the access road will be located on an old 21 berm created for mosquito ditching? 22 23 717/06 - Aoolicant's Resoonse: "Realigning the entrance road along a mosquito 24 berm would require shifting the entrance road north to the center of the property. 25 This redesign would require an additional cul-de-sac resulting in more wetland 26 impacts than the current site plan. Therefore, this option is not viable." 27 28 November 8. 2007 - ADDRESSED - see condition of approval for comment 29 #1. 30 31 2c) 317/06 ERD COMMENT - Should the r~ad need to remain in the proposed 32 location the roadway shall incorporate culverts in order to facilitate flushing and 33 movement of water. Flushing and reconnection of the area will open additional 34 habitat to a variety of fish species and will make more detritus available to the 35 food chain. 36 717/06 - Aoolicant's Resoonse: "Since the road must remain in the proposed 37 location, it shall incorporate culverts to maintain the hydrologic connection of the 38 mangrove wetland system." 39 40 8/31/06 - ERD's Response: ADDRESSED 41 42 November 8. 2007 - ADDRESSED - Information made available to ERD 43 October 30. 2007 from the Growth Manaaement Director showed that the 44 culverts will not be constructed and that the Mosauito Control Director 45 acknowledaed and approved the removal of the culvert from the plans. 46 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2d) 317/06 ERD COMMENT - Buildings 5, 6, and 7 are actual.IY proposed. i~ areas of the mangrove swamp that were not impacted by the hUrricanes. BUildings 5, 6, and 7 are not necessary, unavoidable impacts to the mangrove swamp and should be eliminated. 717/06 _ Aoolicant's Resoonse: "Elimination of the three condominium buildings is not a feasible alternative to the applicant. Reduction of these buildings would cause a negative internal rate of return for the project. It is the opinion of the applicant that the proposed site plan utilizes reasonable use of the property with minimized environmental impacts based upon alternative designs, while maintaining an acceptable rate of return along with a mitigation plan that will preserve and enhance 116.85 acres of mangrove wetland and create 2.76 acres of wetland from undesirable upland habitat. Please refer to enclosed Hutchison Sands Economic Impact Report prepared by James P. Brown (Brown Realty)." 8/31/06 - ERD's Resoonse: Please see response to comment #1 above. 3/28/07 _ NOT ADDRESSED - The applicant has not addressed this comment so above comment remains the same. November 8..2007 - ADDRESSED - the latest site plan the applicant has redeSi~ned the proiect from seven-12 unit buildinas to four-21 unit buildin s: maintainina to total number of units to be 84. The redesian reduces the proposed wetland impacts from 3.33 acres to 2.50 acres. See condition of approval for comment #1. I 2e) 317/06 ERD COMMENT - Why are such large drive areas proposed between the buildings? Please reduce their sizes to the minimum necessary and be sure they are not located where they will allow vehicle lights to spill onto the beaches. 717/06 _ Aoolicant's Response: "The,drive areas have been designed to meet the minimum necessary requirements of the SLC LDC for emergency vehicle access and turnaround." 8/31/06 - ERD's Resoonse: Please cite the section of the SLC LDC (or provide documentation from the SLCFD) that requires emergency vehicle access and turnarounds of the sizes shown on the site plan in between each condominium building. 3/28/07 - NOT ADDRESSED - The applicant has not addressed this comment so above comment remains the same. November 8. 2007 - NOT ADDRESSED - the latest site plan the applicant has redesigned the proiect from seven-12 unit buildinas to four-21 unit buildings: maintaining to total number of units to be 84. The reauirement for parking spaces remains the same at 171 spaces. however the applicant 6 1 is proposina 182 parkina spaces. Twelve of the parkina spaces are shown 2 to be facina the dune. Section 6.04.02 I. 7. a. of the St. Lucie County Land 3 Develeopment Code states that "Parkina lots and roadways. includina any 4 paved or unpaved area upon which motorized vehicles will operate. should 5 be desianed and/or positioned such that vehicular headliahts do not cast 6 Iiaht toward the beach." Please eliminate the eleven extra parklna spaces 7 and eliminate any parkina spaces which direct vehicular Iiahts towards the 8 beach. 9 10 2) 317/06 ERD COMMENT - The EIR states that approximately 2.10 acres of 11 mangrove swamp has been impacted due to the recent hurricane activity of 2004 12 and 2005. Onsite inspection revealed that most of the mangroves that now have 13 sand around their roots are in good condition. The sand should be removed from 14 the base of these mangroves down to the levels of the muck. This would not 15 only help to restore the mangrove swamp to pre-hurricane conditions but the 16 sand could be used to build the dune back to proper elevations. 17 18 7/7/06 - Applicant's Response: "The EIR stated that 5.45 acres of wetland would 19 be impacted; however, a new jurisdictional line has been identified along the 20 eastern perimeter of the property. This new line represents the limits of .sand 21 accretion from the hurricane activity of 2004 and 2005. These natural disasters 22 have filled approximately 2.12 acres of mangroves. The natural sand fill has 23 killed the majority of the mangroves in this area and upland plant species such as 24 Australian pine (Casurina equisetifolia) are beginning to grow. This area has 25 naturally reverted to an upland plant community. Hydric soils that once were 26 evident are now naturally filled lfJith sand, wetland plant species have died off 27 and are being replaced by upland species, and no hydrologic connection to the 28 existing mangrove wetland remains. RLW is in the process of having this new 29 wetland line approved by State (DEP) and Federal (COE) agency personnel. 30 Approved wetland jurisdictional determinations will be forwarded to ERD. Please 31 refer to enclosed updated Hutchinson Sands EIR. The accretion of sand into 32 approximately 2.12 acres of previously existing mangrove swamp was caused by 33 a natural disaster. The area has naturally reverted to an upland community and 34 it is not practicable or feasible for the applicant to remove sand accreted by 35 nature nor is it required by any State/Federal regulations." 36 37 8/31/06 - ERD's Response: Prior to the Board of County Commissioners public 38 hearing for the consideration of the Hutchinson Sands site plan, the developers, 39 their successor or assigns, shall submit current wetland jurisdictional 40 determinations from all appropriate State and Federal agencies. 41 42 3/28/07 - Applicant's Response: Information from RL Weight (dated 9 October 43 2006) providing detail on the revised wetland line. The revised line has been 44 approved by FDEP and reflected in the EIR and PAMP. The report states that 45 the Hutchinson Sands project proposes to impact a total of 4.22 acres of 46 mangrove wetland, of which 0.42 acres has been heavily impacted by recent 47 hurricane activity, resulting in a lower function and value (UMAM score). 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Additionally, 0.92 acres of the proposed 4.22 acres of impact will result from the road that is required to access the upland portion of the project. Prior to the issuance of a vegetation removal permit for any portion of the Hutchinson Sands site plan, the developers, their successor or assigns, shall submit current wetland jurisdictional determinations from USACOE. November 8. 2007 _ ADDRESSED - The aDDlicant will not be removina any sand that has been deDosited into the mana rove swamD. Accordina to the aDDlicant. and verified bv the DEP. the area is now considered uDland and therefore Dart of the develoDable area. 3) 317/06 ERD COMMENT - Please provide supporting documentation that Florida Department of Environmental Protection and/or South Florida Water Management District, and the Army Corps of Engineers have been contacted and accept the jurisdictional line. The DEP informed ERD staff in a phone conversation that took place on March 7, 2006, that the areas covered with sand but with mangroves still existing will be considered jurisdictional. 717/06 _ ADolicant's Resoonse: "RLW has contacted staff members of DEP and COE for wetland jurisdictional concurrence. Wetland verification from these agencies will be forwarded to ERD staff upon receipt. The 2.12 acre area that has been impacted by the hurricanes no longer supports living mangroves which constitute greater than 80% of stratum plants. Also no hydrological indicators are present within this area and no hydric soils are present. According to the Florida Administrative Code (FAC.) 62-340.300 and the 1987 COE Wetland delineation Manual this area no longer meets the definition of a wetland." 8/31/06 - ERD's Resoonse: Prior to the Board of County Commissioners public hearing for the consideration of the Hutchinson Sands site plan, the developers, their successor or assigns, shall submit approved, current wetland jurisdictional determinations from all appropriate State and Federal agencies. \ 3/28/07 _ Information from RL Weight (dated 9 October 2006) providing detail on the revised wetland line. The revised line has been approved by FDEP and reflected in the EIR and PAMP. The report states that the Hutchinson Sands project proposes to impact a total of 4.22 acres of mangrove wetland, of which 0.42 acres has been heavily impacted by recent hurricane activity, resulting in a lower function and value (UMAM score). Additionally, 0.92 acres of the proposed 4.22 acres of impact will result from the road that is required to access the upland portion of the project. Prior to the issuance of a vegetation removal permit for any portion of the Hutchinson Sands site plan, the developers, their successor or assigns, shall submit current wetland jurisdictional determinations from USACOE. November 8. 2007 _ CONDITION OF APPROVAL - Prior to the issuance of a veaetation removal Dermit for any Dortion of the Hutchinson Sands site 8 1 plan. the developers. their successor or assians. shall submit current 2 wetland iurisdictional determinations from USACOE. 3 4 4) 317/06 ERD COMMENT - Please provide supporting documentation that S the agencies with jurisdictional authority approve proposed impacts to the 6 site and proposed mitigation to offset the impacts. 7 8 717/06 - Aoplicant's Response: liThe Applicant has submitted an ERP application 9 to DEP and CaE. All supporting documentation from these agencies approving 10 the project site impacts and compensatory mitigation plan shall be forwarded to 11 ERD staff." 12 13 8/31/06 - ERD's Response: Prior to the Board of County Commissioners public 14 hearing for the consideration of the Hutchinson Sands site plan, the developers, 15 their successor or assigns, shall submit approved wetland impact permits 16 (approved ERP permits) authorizing the wetland impacts as shown on the 17 proposed site plan from all appropriate State and Federal agencies. 18 19 3/28/07 - NOT ADDRESSED - The applicant has not addressed this comment 20 so above comment remains the same. 21 22 November 8. 2007 - CONDITION OF APPROVAL - Prior to the Issuance of a 23 veaetation removal permit for any portion of the Hutchinson Sands site 24 plan. the developers. their successor or assians. shall submit approved 25 wetland impact permits authorizinq the wetland impacts as shown on the 26 proposed site plan from all relevant State and Federal aaencies. 27 28 5) 317/06 ERD COMMENT - Please provide supporting information showing 29 the methods used to determine the amount of mitigation required (Le.: 30 WRAP/FUMAM). 31 32 717/06 - ApplIcant's Response: "Refer to enclosed mitigation calculations and 33 Uniform Mitigation Assessment Methodology (UMAM) worksheets. The total 34 functional loss (FL) for proposed wetland impacts is calculated at 2.43. Total 35 relative functional gain (RFG) of proposed on-site wetland mitigation is calculated 36 at 8.14; therefore, mitigation is above and beyond the required amount. All 37 proposed mitigation shall occur on-site. On-site wetland mitigation includes the 38 hydrologic enhancement of approximately 102.41 acres of mangrove wetland 39 west of A1A through the installation of two (2) 30" diameter culverts in the 40 western perimeter dike. Additionally, 14.44 acres of mangrove wetland east of 41 A1A will be enhanced through exotic removal and preserved in perpetuity. 42 Directly adjacent to A1A on both east and west sides, 2.76 acres (1.38 acres per 43 side) of exotic plant infested uplands will be scraped down to create 2.76 acres of 44 additional mangrove wetland and open water. Finally, a dual pump and aeration 4S station will be constructed for SLC Mosquito Control District at the south end of 46 the impoundment. The proposed on-site mitigation will increase the 9 1 environmental quality of essential Fish Habitat within the Indian River Lagoon. 2 The culverts and pump additions will enhance water quality via the re- 3 introduction of natural approximating volumes of tidal exchange and marine 4 organism interchange between the estuary and the on-site mangrove wetlands. 5 Benefits of the increased hydrological exchange include increased exchange of 6 natural productivity between the wetlands and estuary, increased water quality; 7 increased biodiversity, and increased species richness. The exchange of 8 additional nutrients generated by the project's increased tidal exchange will 9 provide a beneficial influence on fish and wildlife and their habitat within the 10 Indian River Lagoon. All preserve areas will be placed in a conservation 11 easement. Refer to enclosed proposed Mitigation Plan Sketch." 12 13 8/31/06 - ERD's Response: Prior to the Board of County Commissioners public 14 hearing for the consideration of the Hutchinson Sands site plan, the developers, 15 their successor or assigns, shall submit approved wetland impact permits 16 (approved ERP permits) authorizing the wetland impacts as shown on the 17 proposed site plan and mitigation as proposed by RLW. from all appropriate 18 State and Federal agencies. 19 20 3/28/07 - NOT ADDRESSED - The applicant has not addressed this comment 21 so above comment remains the same. 22 23 November 8. 2007 - CONDITION OF APPROVAL - Prior to the issuance of a 24 veaetation removal permit for anvportion of the Hutchinson Sands site 25 plan. the developers. their successor or assians. shall submit approved 26 wetland impact permits authorizina the wetland impacts as shown on the 27 proposed site plan from all relevant State and Federal aaencies alona with 28 approval from all appropriate State and Federal. aaencies of the. final 29 mitiaation plan. 30 31 6) .317/06 ERD COMMENT - Should wetland impacts be allowed and off-site 32 I mitigation is pursued, supporting documentation that mitigation credits are 33 available at a Mitigation Bank and that the purchase of credits has taken 34 place prior to the issuance of a St. Lucie County Vegetation Removal 35 Permit. 36 37 717/06 - Applicant's Response: "All mitigation is proposed on-site." 38 39 8/31/06 - ERD's Response: Prior to the Board of County Commissioners public 40 hearing for the consideration of the Hutchinson Sands site plan, the developers, 41 their successor or assigns, shall submit. approved wetland impact permits 42 (approved ERP permits) authorizing the wetland impacts as shown on the 43 proposed site plan and mitigation as proposed by RLW, from all appropriate 44 State and Federal agencies. 45 10 1 3/28/07 - NOT ADDRESSED - The applicant has not addressed this comment 2 so above comment remains the same. 3 4 November':!8';20071f.icoNffifiONrcrElOCRFrROVAi.!f~~Pnor:rto~th&ITSsuancemf 5 anvtlCenlflcate;(ofi~OccuDancies!t'forifa'nviifportion!((of~tfie"~ l:Iutcfiln$On;~Sanas 6 siteIDlan;"tfie~Beveloperst1tfi'eirrsiicces$o~l'or4assiaiig~l"sFlalli.ftave"c'omDfetea 7 itlsmitiaationlreaUifeartolOffset;WetlanCltiiTfpi'ctS! 8 9 CCCUBEACH DUNE ECOSYSTEMS 10 11 7) 3/7/06 ERD COMMENT - Please provide written authorization from the 12 Florida Department of Environmental Protection Bureau of Beaches and 13 Coastal Division for construction in relation to the 1988 Coastal 14 Construction Control Line. 15 16 7/7/06 - Applicant's Response: "All coastal construction in relation to the project 17 will be permitted through DEP. All authorization and permits from DEP Bureau of 18 Beaches and Coastal Division will be forwarded to ERD staff upon receipt. All 19 construction with applicable State and County design standards." 20 21 8/31/06 - ERD's Response: Previous hurricanes have over-washed this area 22 and severely eroded the beach along this project. Please note the enormous 23 difference conditions in the aerial photographs submitted with the 1st submittal of 24 this project showing pre-storm conditions (2003) versus the photographs 25 submitted with the 2nd submittal of this project showing post-storm conditions. 26 This data along with recent site inspections show that the dune on the Sea Oats 27 project, immediately adjacent to the north of this project, which was cleared prior 28 to the storms, was completely leveled. The portion of this project that abuts the 29 Sea Oats project experienced more severe overwash (extending further inland) 30 than the portions to the south of the project (which abut currently undeveloped 31 ,land). Since the dunes have been leveled, tracks of nesting sea turtles have 32 i been observed, by FWS and County staff, well west of where the dune used to 33 be. 34 35 It should also be noted that, according to the SLC Compo Plan (Chapter 8, F.2), 36 "due to development in the coastal areas of the County, the boundaries of this 37 habitat category (coastal upland habitats) have been significantly reduced" and 38 beach dune communities are imperiled statewide because of their rarity and their 39 vulnerability to extinction (FNAI, Tracking List of Rare, Threatened and 40 Endangered Plants, Animals and Natural Communities of Florida, 2000). 41 42 Prior to the Board of County Commissioners public hearing for the consideration 43 of the Hutchinson Sands site plan, the developers, their successor or assigns, 44 shall submit approved permits from DEP Bureau of Beaches and Coastal 45 Division for any and all construction seaward of the CCCL associated with the 46 proposed site plan. Per Section 6.02.01 B. "No development shall be approved 11 1 unless consistent with the applicable policies set out in this Section". Section 2 6.02.01 C.4 and Compo Plan Policy 7.1.5.1. require a permit from the Florida 3 Department of Environmental Protection must be obtained for all construction 4 seaward of the adopted Coastal Construction Control Line. This includes all 5 buildings, garages, and accessory structures, including but not limited to, pools, 6 sun decks, boardwalks, tennis courts, and paved areas for parking. If the 7 applicant is unable to receive approved permits by the time of the BOCC public 8 hearing for this project, then written documentation from FDEP Bureau of 9 Beaches and Coastal Division regarding their potential to authorize construction 10 seaward of the CCCL associated with the proposed site plan shall be submitted. 11 12 In their review of the Sunset Beach project, USFWS identified the presence of 13 live wormrock reefs offshore of this stretch of the island and points out that the 14 reefs provide shelter and substrate for important fisheries species which are 15 identified as being aquatic resources of national importance. The USFWS states 16 that all species present on the reef are of scientific importance and expresses 17 concern that the productive capacity of the near shore hard bottom reef adjacent 18 to the site could be buried by the migration of the proposed berm to its 19 equilibrium footprint, or by a smothering accumulation of fine particulates 20 generated from the proposed berm. ERD staff also observed these reefs 21 immediately offshore of the Hutchinson Sands project and expects that FWS will 22 have the same concerns with this project that they outlined for the Sunset Beach 23 project. 24 25 Congress passed the Coastal Barrier Resources Act (CBRA) (96 Stat. 1653; 16 26 U.S.C. 3501 et seq.) on October 18, 1982. The primary purposes of CBRA are 27 to minimize the loss of human life by discouraging development in high risk 28 areas, reduce the wasteful expenditure of Federal resources, and protect the 29 fish, wildlife, and other natural resources associated with coastal barriers. The 30 US Fish and Wildlife service has determined that development of the project 31 located several hundred feet south of this project (known as Sunset Beach) 32 would present a very high risk to life and property based on the site's low 33 elevation, geologic instability, and exposure to storm surges (Souza, 8/17/06). 34 35 Based on the impacts proposed by this project to beach, dune, and aquatic 36 resources of national importance (off-shore hard bottom reef communities), ERD 37 recommends that the BOCC consider denial of this project. 38 39 3/28/07 - NOT ADDRESSED - The applicant has not addressed this comment 40 so above comment remains the same. 41 42 NovemBmf8~2001~'Cb'NeITIO.Nt('JFlgF!PRO~"i?iWS1fC'!BCrC01alreaio"1 43 comment$rreqiralna~coirsfructionfln0realatlon~to~tnejltt988~CCCIl~naviltiee'it 44 wittiaraWMi~Rowever~ERD.1$respectfullY'l.reqiieststtnat1tltie~BO.CCJl!ConsiCler 45 th&~facts"'that~'tlu'iTicariei"1anajrrecJent;;;sform*'[events'1hwaveToverrwastria~jtnls 46 aret!i.aJii(nlseverelv:~leroC:lea!~tne.J:)eachjJaIJonal~ffiisIlDioiect:~.rrHe':laerial 12 1 Dfi'ofa1iraphsTsuDmiumlWTtfin1iel1~'srjmniffiiJOf;fffiiSfbrofecf1(SllOwinafare: 2 stormrcon(Jitions~2003~coffi+'irecUtoltJ1eJrh'oto"rir.. fls:fsu6'ffiitti(Jj;viitlnthi 3 ~~,>~~;su.Dffiittal~ofitl1is'~pfo{ect~'showinQ:1Dost:;Stormfcoli'Clitionsr(2006},i:snowl'iii' 4 enofi!iouirdiffereftce~iii:tDeacnrwiath1laun&limDacts~1;an(jl~viaetitiOii!~cover1 5Recent~~$itel.inspcJctions;~ihowithat,i"tni:\l(Ju'nelTon"ttl'e1iSeal!()atS'~!Dro~ 6 ImmeaiiteIVtaaiice'nt~tofthefifonflTof!;this~p7oiea~wliicli1iwisrcre'aredj!piiortto 7 tl1e1stoffiis~~WasWcoiifDle>tilvllivele(tl~The1'Doniori!tofttnislBroiecfifthitWi6iitS 8 tliitSea1()its~proie!cltexllerienceafmori'Sivere!oveMash%'(eitenalnarfunfi'ei 9in:lan(lIWtlia!nithe~!portions~;,to';tl1ersfoiitfi;tof!tfii'Wpro~(wliichti6iittclfrrentl5l 10 iindeveloDe(tmi'lld}.Slnce\!tlielauiiis~fiave~6eentlivelia~trackS'roflnestinQ 11 sea~Urrtles~liave1!6ien~o6s~e'rvedft6vJIEWS~inClJCountVJstiff~welllwesf~of 12 wfiire~tfii1dulie'rusea~to'bJe~lt!sho'ulcnils01be~notidUl1it~icco'ralnQmnthe 13SI!C~CoffiD~lPlin1{(Cfiapterj8;'!tF:2)1t.'auelto\iaeviI6JDment~inlittiircOiitilf:areis 14 ofitnerColintV:1tne'l.iouni:tinesllofdnliis~:hablfatfcatia'orv~!(coastalrupfana 15tfabititSl!!.Hiv8~b'ee"nili'iignificwaiitlv?JFriaucea~~a'i1ar6each1~(funi~comm'i:jilitles 16 iri~impeiileaiitatewld~!l.iecaus~'ofnlieifJ'riritvlranCllttieir~vufniiri6ilitv'~ta 17 ixtlnction~(FNAI~.;rra*cRiftan!islof!Rire!~11ireatene(flaii!atEnainairean~laiits: 18 ~riln"ilsl'anaJNituriI1Communities:!6f~Flanda';2000)IzTliis~'Dio~ectns~loCitea 19 within:~ttiilCBRA1Zorie~{tI!ConQfesst'iiissecUJtHiVJ'Coistal:llBarfiel1Resources 20 ~CBRA)v(961Stit!'lt1653:~16\UfS!C~3501re't?Sea~)~!onl()ctol.ie~~18~'19821~The 21 Pi'lifiarV~DurDOsis1:ofi~CBR.6:1f;a'fi~to~rffiiiiimlze'the~lassl;tof~1HiIffian1~life~6v 22 (llseouraaln'9"il'aevelopment:.inWtiialili'risl(1Iliireas'.'ii(tiice1Itlie'Wwaiteful 23 iXDenditure'fof!HE'eCleralures'ou'rcesYan'(t,\!"protectnlii~fish'!fwilalife~an'a@'ottlir 24 n'ifurallresaU'rces~asso"'clite'atlwitIiWrcoastiJ!!.bamefs1't\~l'tfe"J~1USl~~Flslijfand 25 Wildrife0k'seniicelh'as~ditefffilnect!;ithatj'(f8'velopffi'ent!aftftlfelprolectlilocated 26 several~llunare(flfeet~'soutlilof\th'is~proiect7{knowii'f[irslSiinsef!Beacli)lwouli:t 27 p'resenfi;i'rvepj~~tiigh~riil(;\7:to~]ife!I'an'd1~prOlrei'tV1jliasea~o'n1[+Jtne'siferi1;low 28 elivation1~rae'oloaicli1Jiinsta61Iitv~ana!fexposure~to~'stofm1}tlsU'raesii(Souza~ 29 8117/06)' 30 31 Pno~rJtoTftiiMssuancerc)fian~VeQ8iationrRe'movii!permrtil';forJranvnmrt1c;n:fc)f 32 tlie'iHutcl1inso'nll~;SaiiaS'4'fslte~rDliii~~tl1e);~develo{iirs;.tli'eif;l$is~uccessor1f4tar 33 as~si~ns!fShillrDfovi(fi~written,"iauttiorizitionlffoJffilttie'Florii:ta~DeDaitmehf{of 34 Eii"ironmeiitiIJPfatectio!ii1rBUre'au'lof,i~Beactiis'ra'na~GoastiI0~!Dlvjsio'n~for 35 conslrUction'inrrE;lationttO':tlie~1988:CoastanConstru~ctioiiJCantrolgt:tine~ 36 37 8) 3/7/06 ERD COMMENT - Please provide a dune restoration plan including 38 existing and proposed elevations, types and quantities of plants, proposed 39 methods to assure plant survival (Le.; temporary irrigation), timing, etc. for 40 any areas of the dune proposed for impacts or that were impacted prior to 41 this project. A condition of approval of the site plan shall be that prior to 42 the issuance of any SLC building permits for this project, the dune will be 43 restored to FDEP mandated elevations and replanted so as to achieved 44 100% coverage consisting of Sea Oats, Sea Grapes, and Saw Palmetto's. 45 46 7/7/06 - Applicant's Response: "A dune restoration plan is in the process of being 13 1 completed and will be submitted to SLC and ERO staff prior to BOCC approval. 2 Proposed dune re-vegetation plant species are included' in the submitted 3 Hutchinson Sands PAMMP." 4 5 8/31/06 _ ERO's Response: In their review of the Sunset Beach project, USFWS 6 identified the presence of live worm rock reefs offshore of this stretch of the island 7 and points out that the reefs provide shelter and substrate for important fisheries 8 species which are identified as being aquatic resources of national importance. 9 The USFWS states that all species present on the reef are of scientific 10 importance and expresses concern that the productive capacity of the near shore 11 hard bottom reef adjacent to the site could be buried by the migration of the 12 proposed berm to its equilibrium footprint, or by a smothering accumulation of 13 fine particulates generated from the proposed berm. ERO staff also observed 14 these reefs immediately offshore of the Hutchinson Sands project and expects 15 that FWS will have the same concerns with this project that they outlined for the 16 Sunset Beach project. 17 18 As previously requested, please submit a complete beach and dune restoration 19 plan that meets, or exceeds, the requirements outlined in Section 6.02.01 F and 20 G. of the SLC LOC, including existing and proposed elevations (a plan view and 21 cross-sectional drawings indication the equilibrium toe-of-fill profile of the 22 proposed dune (berm) located between the home sites and the Atlantic Ocean - 23 this profile should extend from the proposed home sites to the nearshore reef 24 adjacent to the site and include the existing beach profile on the drawings, and 25 describe the method of calculating the equilibrium toe-of-fill with an evaluation of 26 the accuracy of this method); type of sand (an analysis of the material used to 27 construct the proposed berm located between the homesites and the Atlantic 28 Ocean - this analysis should examine color, grain size distribution, sand grain 29 frequency, mean and median grain size, and sorting coefficient and compatibility 30 analysis of the material used to construct the proposed berm located between 31 the home sites and the Atlantic Ocean - this analysis should examine the 32 material's compatibility with the existing beach sand to include the siliceous 'sand 33 to carbonate sand ratios and percent fine particles (~ 230 JJm particle diameter 34 by weight)) and proposed methods to import sand and grade the dune; a timing 35 and sequencing of the proposed work in relation to sea turtle nesting season and 36 a summary of current and historic sea turtle nesting data along this stretch of 37 South Hutchinson Island; types and quantities of proposed plants, proposed 38 planting schedule, assurance of plant survival, a description of proposed post 39 planting maintenance (will temporary irrigation be provided? what source will be 40 used? who will determine if the plants have been established, who will remove 41 the irrigation after plants have established? if plants are not successful who, 42 when, what plants will be replaced? Restored beaches shall, to the maximum 43 extent possible, resemble the characteristics of pre-existing or adjacent natural 44 beaches in terms of sediment grain size, compaction, and beach slope. Restored 45 and stabilized dunes shall, to the maximum extent possible, be similar in 46 appearance to pre-existing or adjacent natural beaches in terms of profile, 14 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 vegetation and sediment characteristics. Restored and stabilized dunes shall be designed such that the reconstructed dune profile does not effectively exclude access by nesting sea turtles. Once the vegetation has become established, all irrigation shall cease and all associated equipment shall be removed from the dunes. The design and operation of sprinkler or irrigation systems shall not . interfere with the normal development of sea turtle eggs in the nests or adversely affect emergent hatchlings. The dune planting schematic submitted for review shows only a small portion of the typical section shown to be planted with sea oats. It has been shown that restored dunes establish quicker if, at a minimum, the seaward face of the dune is planted 100% sea oats. Other dune appropriate species should be planted after the sea oats establish. Previous hurricanes have over-washed this area and severely eroded the beach along this project. Please note the enormous difference conditions in the aerial photographs submitted with the 1 sl submittal of this project showing pre-storm conditions (2003) versus the photographs submitted with the 2nd submittal of this project showing post-storm conditions. This data along with recent site inspections show that the dune on the Sea Oats project, immediately adjacent to the north of this project, which was cleared prior to the storms, was completely leveled. The portion of this project that abuts the Sea Oats project experienced more severe overwash (extending further inland) than the portions to the south of the project (which abut currently undeveloped land). Since the dunes have been leveled, tracks of nesting sea turtles have been observed, by FWS and County staff, well west of where the dune used to be. Please explain how future overwashes and storm breaches will be prevented/avoided/repaired, as well as how the proposed oceanfront homes, protected only by a small reconstructed berm/ dune will be protected and submit a summary of methods proposed to prevent scarp formation on the seaward face \ of the proposed berm. Please also provide documentation showing that the final Beach and Dune Restoration Plan and PAMP has FDEP approval. 3/28/07 - NOT ADDRESSED - The applicant has not addressed this comment so above comment remains the same. N'ovemberr8T200't;~C()'NDfTIONS;Of~PRROVAt.~ FrriOl:tO!fhe1issuanC'if1of'inv~Veaetatioif:RemovarFiii1ilffS1for:,~vfDOrfjon?of that! Hutchin"son"Sandslfsite'itplan~~ttie1fijiveloDers~t;theitl'successoiiJior as'si9ni~'snalll:lirovide'!\'ra"complete'S:JJtieach'~inai?JaLJnel'restorationll'plan (re'f1e(mna"ittiet."icfiniil;'/;':ltap~proved *ravoIit)i~ttiat~eets~~~or.excee(Js~i~1Uie reauifements"outrinecUlinIillSection~'6;02~01 J!Fv!l'anij8G~:Wof~'{ttie1',SI.:C~IjDC1 15 1 2 3 4 5 .. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 16 1 !!~!~ti~!~o,^,Ffffi!i~ne)"dunfj'fon~fnmS;a:~'dciiSWprOiectJimmeaI8teJY 2 aaiacentjtot,t~elnQr1fi)iofmiis1proiect~'Wl1icfj)waircleare~alprioifJtotttieTstornl's~ 3 was}c:omDreteIY)'leviJid~Tfje;'Doitio'ntof;fhlsTDr'oie"cf7ttlafi"aoufsftfii"SeatOifS 4 "DtoiE!ctre~Derienceafmorerrseve'reloveiWasti~:(extenaina~f'uFtfjerlrnlanCl)~tfian 5 ttle4portions'lto'lthe1soutti1"of,ltne,f6roiectf(wl1icti~'atJutrcu'rrintlvrunaiveloD'ea 6 ~!.Since'ttfii~(fui1es'h~avel6e'ei11Ievele'd:WfracKs~1Qnnestiria1rsea~fufnles 7 ti~,vlf!beei\Tot)se'rvedr)bv;i~WSfand'eoulitYJiliff~;well;west~of,wnere~fli'eraUne 8 usi(Hto~tieJ..eleisiJeXDlaiif~1f6w~futuri1tove1Vlasnesl:anaitriformYilireactii's 9 wjnl,l)e'fbrevihtia/avoidea/ripalrea~;as\rwelltas~fjowitfii'ipropoiiaToceanfront 1 0 fi7offi8s~~xDrotecfedl"orilv1t:i6'l'a1tsffiaIIJ~reconstructeaI6erffi/ICfune'lwill:lbe 11 profecfeatan'alliUI)'ffiifWafsuffi"ffiarv~Jof4~m'etti'aC:tsiproD~osea0tol1Drevenf~scafQ 12 formatiQn~on'ittie!,'s'eawafd;faceWofitti'e16ro'Dosea26erffi;Jln~.tliiir1review!tof;ftie 13 SiinsetiBeactiJDroiict;'IU.SF:WSJ!lide'ntifieCt~ttli:aip'reserfce")&ofJlIivelwormrocl( 14 reefs~offstiore~of'tfiis0stretctiTof;tt1e~islandr(anajERD;staffl,tias~66sirvia.treef 15 aurinaf!rOWJtiai)YanaTpointsroUf(fl1'af)ttie'freifs~uroviCfi'tstlelterJarn'Cfrirli6strati 16 for~1imJf6'nantlifisffiriis1jSDicies'!r;wtiicl1'la'feflidenfifie(n~'a's'l6iin,(i~~aau'atic 17 risoi.ircis~of~Tnafionalti!tiffi6oitance;t~ij'7l1iilUS~'wS1:!ifiteSll!ttiaf~arl;l!'S'Diciis 18 presenf'onnl1e?reefiirerof,'scie'ntific1imDortince1anCtl"ex{iresses':'conceml:tti'af 19 ttl8~fDroCflJctivifc'iDa'citvi\'ofittiafneil'r]i'sfiore}I1'ara6ottoffi1'feinaaia'centno~,tfi'e 20 sifE!';ii{!coura}loe'JAburieaI6V"J,ffj'ellmiaralion'1~'ofJtl1e'trp'rODoseai1f.)irffi'lto'~lits 21 i'quiliDrium'ao6tDrint;lor~6v:ra"\"smofl1efln~ala'ccuffiljlitlon*'of1finefoarticulates 22 aenerateC:tfro~mftfje\1Dro'posea ,6El'ffii! 23 24 P1ior;fo1'tt1&Tjssi.iance"of~nv~VeaetatlonrRemoval~Perm~nvrnortiOnfOf 25 fhe'l~HufctiinsonIISanas~sfte~lplan~~tHe.aewloDeiS1~lttieirlrsuccesso'rJror 26 assicins~ltsfiall~~provid~!aoci1mentation'ifiowina.tfiatRHttie~;final;~Beacf1tilana 27 Duffe'lReitorationtRlamanalRAMPmas"~DEPrapprovin 28 29 9) 3/7/06 ERD COMMENT - Please provide typical drawings of the dune 30 crossovers and show the location(s) of the proposed dune walk 31 crossovers on the site plan. Drawings should include a cross-sectional 32 view of the structure in relation to the dune eleVation and vegetation. 33 34 7/7/06 - Aoolicant's Response: "Refer to Hutchinson Sands Site Plan submitted 35 by CT for the location of the dune crossover structure. A condition of approval of 36 the Hutchinson Sands Site Plan shall be that ERD staff receives and approves 37 dune crossover plans (plan view, cross sectional, etc.) prior to the issuance of a 38 SLC Vegetation Removal Permit." 39 40 8/31/06 - ERD's Response: ERD staff is unsure why the applicant is setting their 41 own conditions of approval... As-previously requested, please provide typical 42 drawings of the dune crossovers including a cross-sectional view of the structure 43 in relation to the dune elevation and vegetation. Section 6.02.01.E of the LDC 44 states that no development shall be approved within the Dune Preservation Zone 45 other than for non-rigid or flexible structures, rigid structures, or other shoreline 46 protection development; beach access; beach safety; approved sea turtle 17 1 research; and other beach dependent or public uses approved by the FDEP. 2 Please submit an approved permit from FDEP for the proposed dune crossover. 3 Please delineate and label the Dune Preservation Zone on the site plan and be 4 sure that it is consistent with the definition in Chapter \I of the SLC LOC ("The 5 area between the mean high water line of the Atlantic Ocean and the western 6 edge of the frontal dune system, as defined by vegetation and elevation. The 7 dune preservation zone shall have the characteristics of the beach and dune 8 lands environmental zone, as described in Chapter VIII, Natural Environmental 9 Analysis, of the St. Lucie County Barrier Island Study: Analysis of Growth 10 Management Policy Plan (August, 1982). Where the western edge of the frontal 11 dune cannot be ascertained, the dune preservation zone shall be set by 12 reference to a management and restoration plan that has been prepared based 13 on natural coastal dynamics") and that FOEP has verified and agreed with the 14 delineation. 15 16 3/28/07 - NOT ADDRESSED - The applicant has not addressed this comment 17 so above comment remains the same. 18 19 Novifm68r"f81'200Z~'~'1CON-DTT-IONrcfF,FAPPRoVXi!f~Prlor>>;tO!tRe~issuanc;rof 20 anv}VeQitatio'nllRemoval.eermitsW~for~a-n~lportion~of~tne1~Hutctiinson:~Sanas 21 il 'i11f lanc}l\-thi'l!develo'-'irsW~ltheir1;f'succesior~ori:Jacssi'ns.!itialli~"'rovlae 22 Clrawln'as~f!fthe"f'au'ne'~crois'ovirs-~incIU'CIlna\~a~icrois~sectlonal~vie\0ofi~the 23 sffucture'nnitrelatioimo.!tl1e"raun'~f'elevatlo'nfcina,j;YeaetitlonlllSectionr6i02:01'0E 24 of~tfiell!DC_rstatesStttiat1~nOi~aeveloD-mintrsliall~6i-~i6prov~a$withinlthelDun'e 25 Priservition'~Zone'lottier:.tfiaif-$for:!lnoritrialalfomflexi61elstructures!'1ilri?lld 26 structureS'~'Yor:rotlierJ'sli'orelifHi-~r"'totectldn:laevelo""'ment~1i6eactl1ll?accis's': 27 Deicti~sifetV:'raD6rovea'.tSea'tultlefres'earcl1':finacOtt1.e~~6eaclltaependent~or 28 Dutilic'ruseil'a6\ii;oYea';6v~th8lFDEe~llelease'sutiffiit~anfraPDroveCl$fpermit 29 from)FOER,i'foi,tli'e~proDo'se'(nau'iiefCr5s'sover:telease'!(Jelirleate'aiidlfaDell'tfle 30 OU'neJeies"efVation'lZon'e~,on~~thelSitil1Dlan'fana'KDe'fs'ure'UnatWitlfiSfconiisfenl 31 witl1!11t1ie~:aefinition'iinifel1iDtir;;II~""off~ttie'~Sl!Cff~I!DC'~i'{f.~;rhe~area~6itwe'en\~the 32 iiW.-an'lliiiiffrwater:Elinei~ofitfieiJ}\tlanticrOcean:~ind~th'el~western1!eaae'of~Kth'e 33 frontalf}aUneig;sYstem-~as'~'difineaij\6y:[ve~etation~ana'elevation~l'tie;tdurie 34 DreseMtion1l:zone~wsh'alllhave1nliel'l:ct1ara'cteristicSJoft:ttle'~16eacli:~Janafaune 35 tarrdsllenvironmentaligFzone.a5'.aes'cii6ea.in;l;~tCIi-il'~terllVI11~'i~Natural 36 Environmerita[~Analysis;f,faf,:~tlieISt~~~l1:ucie1iCountv~~BarrierllslanCl~StUClv~ 3 7 ~nalx'sls'~o'f(GrowthlMina"-"efiienf~Bolic-~aelin! A'u'"usffi1982r4't.Wlieri~tne 38 wistern*I'idQ&;lfoflii#the~frontal.aun'e"caniiofi~6i'lla's"ci'riainea!~~'the'I'CIune 39 tffeiervation~zo'iie!trslia'ln:~De!fset.6vlllrrefe'te.nce'~to1t~'a~Jmana:dement.taiid 40 ristonitioff~i,li'6Ian:If~;tli'at~jliis~1i;6iinf~Drepare"dJiJI6"as'e'CI'lroii'tlnaturifl'coastal ,. 41" avnamici!!.)';:irnaillial"F:DERlliastverifiea}ina~i'areeOiwittfitn811C1elineation1 42 43 44 10)3/7/06 ERD COMMENT - The applicant submitted a STTP that is general 45 in nature and is lacking in the following requirements outlined in Chapter 46 6.04.02: 18 1 a. 6.04.02 F 1. a. (5) - Description of the proposed development and 2 intended land use. 3 b. 6.04.02 F 1. a. (6) - Scaled Map with a North arrow. 4 c. 6.04.02 F 1. b. (1) - The location, number, positioning of proposed 5 floodlights, spotlights and other fixtures discharging high intensity 6 lighting from incandescent, fluorescent, mercury vapor or high 7 pressure sodium lamps. 8 d. 6.04.02 F 1. b. (2) - The intensity of the light source emanating 9 from the fixtures identified in Section 6.04.02 F 1. b. 1. 10 e. 6.04.02 F 1. b. (3) - The location, number, positioning, and type of 11 all other artificial light sources including, but not limited to, those 12 used on balconies, walkways, recreational areas, roadways, 13 parking areas, dune crossovers, decks, boardwalks, and signs. 14 f. 6.04.02 F 1. b. (4) - Protective/mitigative measures to minimize 15 lighting impacts to sea turtles, including measures to prevent direct 16 illumination of areas seaward of the primary dune. Please discuss 17 these measures. A statement that measures will be employed is 18 insufficient. Specific measures, such as which lights will be 19 shielded, which lights will be bollard mounted, which lights will be 20 low sodium vapor, etc., need to be identified. 21 g. 6.04.02 F 1 c (2) - The number of linear feet of shoreline seaward 22 of the primary dune upon which development will occur. Section 23 5.02 of the STPP states that no construction will occur seaward of 24 the 1988 CCCL, except for one dune walkover. 25 h. 6.04.02 F 1. c. (3) - The number and type of vehicles anticipated 26 during development, the typel of equipment and materials seaward 27 of the primary dune, and the location of beach access points to be 28 used in moving equipment to and from the development site. 29 Specifically, how will the dune crossover be constructed? How will 30 dune restoration activities be carried out? 31 i. 6.04.02 F 1. c (6) - Section 5.05 of the STPP states that a four foot 32 fence will be installed albng the 1988 CCCL to prevent access of 33 equipment and personnel. 34 j. 6.04.02 I. - All of section 6.04.02 I was cut and pasted from the 35 SLC LDC into the STPP, however nothing specific about this 36 project was disclosed. Please revise section 4.01 of the STPP for 37 the Hutchinson Sands Project to state whether or not the 38 Hutchinson Sands project will or will not, and methods how this 39 project will achieve that particular code requirement rather than 40 restating the code that, in general, projects shall or shall not carry 41 out a certain activity, etc. 42 43 7/7/06 - Applicant's Response: "Since much of the specific information requested 44 in the STPP is tied directly to the final architectural designs for the buildings, the 45 applicant respectfully requests that the specifics of the STPP and Lighting Plan 46 be deferred until the final building permit process. Hutchinson Sands I I 19 1 acknowledges the necessity to meet all applicable State and County standards in 2 regard to sea turtle protection and will do so. It is expected that the required 3 STPP and Lighting Plan will be completed in conjunction with the pending DEP 4 application for construction activity east of the CCCL." 5 6 8/31/06 _ ERD's Response: If it is determined that a federal or state protected 7 species is resident on or otherwise is significantly dependent upon (I.e.; sea 8 turtles) the subject parcel of land, the person undertaking development shall 9 consult with the Florida Fish and Wildlife Commission, U.S. Fish and Wildlife 10 Service, and the County. Appropriate protection to the satisfaction of all parties 11 shall be provided prior to approval of the development. As previously requested, 12 please submit a Sea Turtle Protection Plan reflecting the following: 13 a. Nesting season established for the protection of sea turtles is March 1 14 through November 15; 15 b. Permanent sea turtle information signs shall be conspicuously posted at 16 all new public beach, commercial, and private multi-family access points 17 provided with dune crossovers. The information signs shall be installed 18 and maintained by the property owner. Information printed on the signs 19 shall inform beach users that sea turtles use the beach as a nesting 20 habitat, of potential penalties for the possession, molestation, disturbance, 21 harassment or destruction of sea turtles, their nests or eggs, of a contact 22 address or phone number for public use in obtaining additional 23 information. Standardized sea turtle information signs shall be maintained 24 in perpetuity such that information printed on the signs remains legible and 25 the signs positioned such that they are conspicuous to persons accessing 26 the beach; I 27 c. A second section that will be the guidelines, basically tailoring all 28 requirements is Section 6.04.02 of the SLC LDC to this project in detail so 29 that a homebuilder and/or homeowner can follow when developing the 30 project or retrofitting any portion of the project; - 31 d. The STPP requirements should be incorporated into the "Declaration of 32 Covenants, Conditions, ~nd Restrictions". 33 34 3/28/07 - NOT ADDRESSED - The applicant has not addressed this comment 35 so above comment remains the same. 36 37 November~~200~YCONDI:tIONT6f;JAFfBROVAml:!ferlor!f01ff1e'[iSsuancetof 38 anv:I:Ceftificate~of,~;Occ-upah'"cle'st~for$fanvl?portion"of~th'e'~Hatcliinifon'iSanas 39 site~,clinf.'th'e~aevelo-ers:lItfieIH@sUc<cessjor;Forlassl"ns!isl1illfiliccessfull" 40 pass1InsCpeCtionS?eonflrmi'nijnt1atrallniafitinQtris~infc1()ffii5lian'ce!:wittl~Siction 41 6m.l$m2foMhe1St~~I!(jcie!Co(filtvnana[Develoa<mErnfICO'ai1 42 43 11) 3/7/06 ERD COMMENT. Please submit a Preserve Area Monitoring and 44 Management Plan. The plan, shall include a map identifying all preserve areas 45 (wetlands, wetland buffers, dune) and, at a minimum, address exotic removal, silt 46 fencing and protection barricades during construction. proposed monitoring 20 1 program, proposed replanting plan of native vegetation in any impacted areas, 2 signage for preserve area boundaries, explanation of who will be responsible for 3 future maintenance, etc. Due to the high d~gree of sensitivity and ecological 4 significance of the wetland resources on this site, the PAMP should also discuss 5 best management practices that the future residences could employ such as 6 limiting fertilizer and pesticide uses on their lawns, common areas, and 7 stormwater systems and make sure that information is incorporated into the HOA 8 documents. 9 10 7/7/06 - Applicant's Response: "Please refer to the submitted Hutchinson Sands 11 PAMMP completed by RLW. Water Quality Certification will be received through 12 obtainment of a State Environmental Resource Permit and a USACOE permit. 13 Issuance of these permits indicates that the Hutchinson Sands project will 14 comply with state water quality standards and aquatic resources protection 15 during all phases of construction and operation of this project. The Water Quality 16 Certification will serve to protect the on-site and off-site wetland resources and 17 their functions through shoreline stabilization, non-point source runoff filtration, 18 and erosion control. Since fertilizer, pesticides, and other runoff is assured not to 19 enter the wetland resources through the Water Quality Certification program, the 20 applicant feels it unnecessary to include the recommended best management 21 practices in the HOA documents." 22 23 8/31/06 - ERD's Response: Please revise the PAMMP as follows: 24 A. Include discussion best management practices that the future residences 25 should employ such as limiting fertilizer and pesticide uses on their lawns, 26 common areas, and 'stormwater systems and make sure that information 27 is incorporated into the HOA documents (a copy of the Institute of Food 28 and Agricultural Sciences (IFAS) Florida Yards and Neighborhoods 29 Program handbook should be attached to the Homeowners Documents 30 and distributed to new residents). 31 B. Details of the I necessary ongoing/ long term dune preserve area 32 management and measures that will be required to restore the dune 33 should it be impacted in the future due to hurricanes, storm events, etc. 34 (who will be responsible for long term maintenance? What maintenance 35 activities will be required/allowed (exotic removal, SLC dune vegetation 36 trimming guidelines, & planting of a specific list of plants), signage for 37 preserve boundaries, explanation of who will be responsible for 38 maintenance, etc. 39 C. Details of Dune and Wetland Preserve Area signs (content, location, and 40 number) and note that shall be in place and acceptable to SLC ERD staff 41 prior to issuance of a Certificate of Occupancy. Specifically, the common 42 access through the preserve area, shall be visibly and permanently posted 43 advising "No Dumping of Trash", "No Removal of Native Vegetation", "No 44 Planting Of Non-Native Vegetation in the Preserve Areas", "No Motorized 45 Use In Or Through The Preserve Areas", and "Stay On Path or Boardwalk 46 - There shall be no pedestrian use of the Preserve Areas except through 21 1 the beach access easement. Any unauthorized pedestrian or motorized 2 use of the conservation easement shall be punishable by applicable 3 federal, state, and county regulations." 4 D. Please include a detailed explanation of how all residents will use one 5 dune crossover; for example, will fencing, bollards with rope, signs, etc be 6 provided? 7 Also, who will be financially responsible for the five years of monitoring outlined 8 in the PAMMP? If the developer expects the HOA to assume monitoring 9 responsibilities then a funding source should be set up by the developer to assist 10 the future HOA in these responsibilities. 11 12 3/28/07 _ NOT ADDRESSED - The applicant has not addressed this comment 13 so above comment remains the same. 14 15 Novem5el1fS1'200t1!fADDRESSEED 16 17 18 12) 3/7/06 ERD COMMENT - A conservation easement will be required to cover 19 the preserve areas per Policies 8.1.4.13 and 8.1.12.8 of the Conservation 20 Element of the St. Lucie County Comprehensive Plan. Please provide the 21 following information in order to process the conservation easement: 1) signed 22 draft conservation easement, 2) site plans or map of areas to be covered by 23 conservation easement, and 3) legal description and number of acres covered by 24 the conservation easement. Please note that prior to the issuance of a 25 Vegetation Removal Permit, an executed (signed) copy of the easement 26 document must be provided. Also, within 60 days of issuance of a permit a 27 recorded copy of the easement document will be required to be submitted. 28 29 7/7/06 _ Applicant's Response: "Acknowledged. As part of the site development 30 process (after site plan approval and final construction designs are complete), 31 the appropriate, conservation easements, or similar land restrictions, will be 32 established ove~ all preservation areas and will be submitted to SLC and ERD 33 staff." 34 35 8/27/06 _ ERD's Response: CONDITION OF APPROVAL - Prior to issuance of 36 any building permits or vegetation removal permits for any portion of the 37 Hutchinson Sands Plantation site, the developers, their successor or assigns, 38 shall submit to St. Lucie County Environmental Resources Department a 39 completed (executed and recorded) conservation easement for the Dune 40 Preservation Zone, and the Wetland Preserve Areas per Policy 8.1.12.8 of the 41 Conservation Element of the St. Lucie County Comprehensive Plan. Please note 42 that prior to the issuance of a Vegetation Removal Permit, an executed (signed), 43 recorded copy of the easement document must be provided. Please be sure to 44 include the following statements 1) The Hutchinson Sands Homeowners 45 Association, Inc. shall maintain in perpetuity, the lands dedicated as a 46 conservation easement in accordance with the approved Preserve Area 22 1 Management and Monitoring Plan, revised - insert date-, 2006. Further, the 2 Hutchinson Sands Homeowners Association, Inc. agrees that it shall take private 3 enforcement action against any member of the Hutchinson Sands Homeowners 4 Association, Inc. who violates the rules relating to use/maintenance of the 5 designated easement." and 2) "Preserve Areas shall be maintained in perpetuity 6 by the Hutchinson Sands Homeowners Association, Inc. and a qualified 7 maintenance company. Such maintenance shall include, but is not limited to, 8 exotic vegetation removal, replanting with appropriate native vegetation, vine 9 control, and removal of trash and debris. Maintenance schedule should be so as 10 to keep the preserve areas ecologically functional and high quality, as well as a 11 minimum 90% free of exotic vegetation." 12 13 3/28/07 - NOT ADDRESSED - The applicant has not addressed this comment 14 so above comment remains the same. 15 16 Ncwetnf)8i!R20071.!rCOmfiO'N'rO~ReROVA~rio~iS$Uarlc~'Of;ranv 17Dull(tina'if~ermltsf1oi\1'veaetationlrem~ovall!'Dermits't'~fo~~an'v~lDonlonJ'Of#'tne 18 ~lnsonljSands'lPlantation~iiif8fi'tfie1laeveiopers~tfieir/~~'succ'essorJ~for 19 assiQns~FI'sfiallJ~\Si.ilimlt:ltoil!St~l!ucie'1'!C(runtv~EilvlronmentaIIRes'6'u"rces 20 Depamnenti;alcomDliti(tW(execute'a~anafrecoraed.\'tcons'ervitionl'easeme'nt 21 f6r4tlienj'uiie~Pfeservatlon~;Zoiie~in(tfthi1'Wetlanaprese'rve;~reaS'rDe~Pollcy 22 8!'1l"2!8'~t4rot.tfie~li'Conse'rvatioh'r.Eiemefitlrc)fill~tfi~lSt~~l!ueieIIC6unfy 23 Compfetiensive~Plan;!;Pleas8"note';tfiatwiinoi1to1ttl81issuance~cof?a\;Veqetatlon 24 RenrovaIIPermltll'iit4\'exeifuteCfj](sianeCl}'!I'recolCleCl;~'co'6v'l6fltlli~;eastrffieiit 25 Cl6eunrElnt!l1mUst$De~proviaea.elease'~!tia~TS'Ur&llto!1InCluC:ter~tho/e;&wfollowihQ 26 stitirmentS;211)iTl1e~HutcfiinsonlSariCls~Homeowners1l!'Associationl~lncllU8hall 27 maintairnin~pirPituitV:~tfiellan;dsl(teaicatea~asla1Conservation~'easemintUfi 28 accor(tance%rwithf:tll9fap6foved~Presirve1[rArea'~Man'age'menf;'arfCl~Monitorii1a 29 Rlan"trrevis\ea,i~~insert~aate~te~006!I1i!!'ttFuitller.the;'1ilHutclllnsonJlSan(ts 30 Homeowners~Ass6ciatiori~nncJ~aarees~'th'at~itrshill\taKerp'rivitifenfOicemiht 31 actlon1la'''''ainst'~i'an''''ilm'emtJef,*,1~of.tffe''iHutcfiinson'i~~Sanas~~H6meowners 32 ~5soclatiorit~ln'c:twho:wiolatis,~tne~;ruleslrelatingnofusi/m11lnteriiircel6fXtlie 33 Clesiqnatiatfeasiment:1:.and.~;'2l~~Pr&serJe~fArea8ii'sfi'il1~6e'~rmajiitiinia.lilin 34 DeroetiJitvE'6v$tfiif)Hutchiii'sonlSanCls"nHomeownersfASsociition~"llnc'1anCl.ira 3 5 cr{jallfji(t'FmalntenanceYifoffipanv~i~SUch';fmaintenance1'sfiallnncluae~Dutiis 36 not1Iimitea!t("~ixotiC$,ve$l'itatloiitreffio'val~;reDrantin:atwlttll'ip'pro6naterinatlve 37 ,le"Qetation~~tvlrnj'rcoiitrol~arra'rremoval:~ofj:\trasti:~:~l'na]laeDris.'Malnti'naffci 38 s'ctleaU1ef'sHoulaflbi'~'So.as~i1fatake'eplltlie;~'J>resfi'rve:fireas1lecoloaically 39 f{jnctianalf~'anCllniahl1(malitvr!Jas~well';fras1t!\a'~rminimum"Ji:90%1ffee"lof~x'otic 40 veaemtion!l~ 41 42 13) 3/7/06 ERD COMMENT - Please provide a copy of the Homeowners 43 Association guidelines (Homeowners/Property Owners Association or 44 Declaration of Covanence documents) for review. The guidelines, at a minimum, 45 should specify restrictions on any encroachment into the Preserve Areas 46 (wetland and dune area) as well as restrictions on vegetation removal outside the 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 building pad areas/common areas. At a minimum the documents shall include: A. Language which notifies prospective property owners that the association property includes wetland preservation and dune preservation zone which are protected under conservation easements; and B. Language which informs the prospective property owners that the wetlands and dune preservation zone may not be altered from their natural/ permitted condition with the exception of: exotic vegetation removal, or restoration in accordance with the restoration plan that shall be referenced in the conservation easement. C. Due to the high degree of sensitivity and ecological significance of the wetland resources on this site, the HOA documents should also discuss best management practices that the future residences could employ such as limiting fertilizer and pesticide uses on their lawns, common areas, and stormwater systems and make sure that information is incorporated into the PAMP. 7/7/06 - Applicant's Response: "The requested HOA guidelines will be submitted to SLC and ERD staff as part of the final land development permitting process. The applicant understands that a condition of approval of a SLC Vegetation Removal permit shall be the submittal and approval of the HOA Guidelines. Water Quality Certification will be received through obtainment of a State Environmental Resource Permit and a USACOE permit. Issuance of these permits indicates that the Hutchinson Sands project will comply with state water quality standards and aquatic resources protection during all phases of construction and operation of this project. The Water Quality Certification will serve to protect the on-site and off-site wetland resources and their functions through shoreline stabilization, non-point source runoff filtration, and erosion control. Since fertilizer, pesticides, and other runoff is assured not to enter the wetland resources through the Water Quality Certification program, the applicant feels it unnecessary to include the recommended best management practices in the HOA documents."- \ 8/31/06 - ERD's Response: CONDITION OF APPROVAL - Prior to issuance of any building permits or vegetation removal permits for any portion of the Hutchinson Sands Plantation site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department completed Homeowners Association guidelines (Homeowners/Property Owners Association or Declaration of Covanence documents) for review. The guidelines, at a minimum, should specify restrictions on any encroachment into the Preserve Areas (wetland and dune area) as well as restrictions on vegetation removal outside the building. pad areas/common areas. At a minimum the documents shall include: A. Language which notifies prospective property owners that the association property includes wetland preservation and dune preservation zone which are protected under conservation easements; and B. Language which informs the prospective property owners that the 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I 27 28 29 30 31 :32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 wetlands and dune preservation zone may not be altered from their natural/ permitted condition with the exception of: exotic vegetation removal, or restoration in accordance with the restoration plan that shall be referenced in the conservation easement. C. Due to the high degree of sensitivity and ecological significance of the 'wetland resources on this site, the HOA documents should also discuss best management practices that the future residences could employ such as limiting fertilizer and pesticide uses on their lawns, common areas, and stormwater systems and make sure that information is incorporated into the PAMP. 3/28/07 - NOT ADDRESSED - The applicant has not addressed this comment so above comment remains the same. V""''''~W~''itJ~''!;:!!r;p~;::ij"w.;t~""",.'".'""",''''.'';''~::;;r;'",,'~P'~~~"'~-~>""-'-,^-<'-'~-~""""''"''~''''';'''''''~J1;!'J^'.y"'''''''''''='.'''''F",-,,,,~~~,,,~~~~~,,,~~~~~.,,-,,,.~.;c;,''r'l\j( Noveml)er:m8;'%'2007$';;tCONDITION~Ot=y~PROVAIJ~~JPriorSto.1 issuanceToffai1~ 6uilaingij6ermltS!~I'(rr~iveijitationtrremC5vaII'Dirmjts}noij!lirfvlli)ortioill'ofltne Hutcfiiiisonf{SanaS'iPlaiititioii;lsite.~the$1jaeveloDers:~litheir~iUccess()'r~~~or aisiiins.sl1aIU~'sUtimit:'ito~St~~~~uciet~C'o'i:JntV'Eilvironffiental~tReso'urces Depimn'erit~comDlete'Ct.i~.~Homeowners't'I~~'~'iociatiorii'Zk\~Jtw'aliiaelines IflolileownerS/P'foDeit~IOwriersIASsoeiation~'o'r$JDecliratlorilof~Cova11ince aocu'mi'riti~Jori1ife'lfiew_Therlf"UldelineS'!"i(irat'j'al:tminlmumql'sliouldll1s"'eci '" restrlctio'nsf~onranv1feil'cfoactfmiiitJi'rito~~tl1<ej~Rfese'rve1r~rEias1l(wetlana~'inYd auni'lirea}~<asl'~welll'ai~'restrictions~on~veqetation'~Bremoval~~outsiCfe'ltl1e 6Uilain'af\'Daarareas/comffion~lfareasltjAtj;!a:fffiirilmum1lthe~~iaocum<ents:tlisfiall ineIUCtti'! ~~~'i!inaua<a'e1iwflich1ilcmfiesfDrospecflveiDrODertV1OWnersfil1atl'f1ie aii<oclatlon{l(r6roiifrftV~~incllJaesr~IwetlanaIllDreservation~find ?f~'ai1ne Dreservation'Bi!'zone~~ilrwhietilt,;'1{aret:i~proteetid~unae'r,~~41fco<i'I'servation easeme'nts:~a'ria Cj~'Eanaua<iii;wtiictmnfo'rms;tfiifProspeCiWi~v,'6Wiief$rtilitrifle ~etlaiias"tanafaunetfDresefVatlon:ione~mav~Jlot~Di;ralterea~ffom'itttlelr natural/lpermittiatco'naitio'n~wittUitI1Ei*,ixceptionrof~!exotics1iveaetation fim'ovilft'oi.~restoration'~ln~ccofaance'i1witfilttii'Ifistofcitlo'nliolafi1rth'at sl1aI105elreferenceCfiiiiittie"con'servation'!fiasem'intl C~Duel,to'tl1e';ihlatil(f9areeJof,rsen'sitivitVra'f,ate'coloafcillsUinlflcan"ce of~tl1eClwetlarialjres(mfces~on*.\tl1is:fslte~tfie~H()A'tCtocrrme'nts'~sho'Ula alsmaiscus's'Destfmiifia'a'ijmermrpfactlces1j;thafittie~futur9'ffesiCtences couICtii'emj)lovk;iucti;I'as;~limitinCi~'fertilizi'fJfana~'DesticiCti'rusesToffUHiir law'nS~'C(rmm+<on"a'reas:fa'riaastormwatef$svit(rmss!a'na~m'aK~fsure~ttiat informitloffiis~incC5rporateai.into:th'elPAMRl 14) 3/7/06 ERD COMMENT - What method of control(s) does the applicant propose in order to prevent sedimentation of the wetland areas, protection of the water quality, and prevention of vehicular encroachment into the wetland areas during construction of the road and the rest of the project on the subject parcel of land during all phases of development? These best management practices 25 1 shall consider the impacts of onsite development activity to adjacent parcels 2 of land, so as to avoid soil erosion, sediment loss, and degraded water quality 3 on the adjacent parcels of land. 4 5 7/7/06 - Applicant's Response: "Please refer to the submitted Hutchinson Sands 6 PAMMP completed by RLW. All construction activities will be conducted in 7 accordance with Best Management Practices set forth in FAC 17-25.025(7) to 8 protect water quality. Water quality is not expected to be degraded during 9 construction with the implementation of these BMP's Floating turbidity curtains, 10 silt fencing and orange day low fencing will be place around the perimeters of all 11 preserve areas as applicable to prevent siltation, encroachment of turbid waters, 12 and construction vehicles. All erosion control structures and orange construction 13 fencing will be periodically inspected by the engineer and/or environmental 14 consultant during all phases of construction. During construction, erosion and 15 sediment will be controlled according to 17-25.025(7). Runoff will be routed 16 through temporary basins and turbidity screens, where necessary, to prevent 17 violations of state water quality standards. Temporary material and operations to 18 attain the required pollution controls include, but are not limited to, temporary 19 seeding, filter blankets, chemicals, temporary dikes and ditches, fiber mats, 20 mulch, and sod. All pollution prevention procedures, materials, equipment, and 21 other related items will be maintained in an approved condition until completion. 22 Post construction water quality on-site will improve with the construction of an 23 approved Surface Water Management Plan and issuance of Water Quality 24 Certification. Issuance indicates that the Hutchinson Sands project will comply 25 with state water quality standards and aquatic resources protection during all 26 phases of construction and operation of the project.' 27 28 8/31/06 - ERD's Response: NOT ADDRESSED - Per Section 6.02.01 C. 2. 29 "Surface water management measures shall be designed to minimize changes in 30 the pre-development quantity, quality, rate and temporal characteristics of 31 stormwater discharge" and "Surface water management measures shall result in 32 no degradation of surface water draining into environmentally sensitive resources 33 and habitats". Please demonstrate that this project will be consistent with this 34 requirement. As required by SLC LDC Section 11.02.09.A.5.b.6.b, please submit 35 a soil and water conservation plan and written assessment which outlines a 36 system of best management practices to control soil erosion, reduce sediment 37 loss, and protect the water quality on the subject parcel of land during all phases. 38 of development (including road building, culvert installation, etc). These best 39 management practices shall consider the impacts of onsite development 40 activity on adjacent parcels of land, so as to avoid soil erosion, sediment loss, 41 and degraded water quality on the adjacent parcels of land. As required by SLC 42 LDC Section, 11.02.09.A.5.b.6.d, please submit a surface water management 43 plan and written assessment which demonstrates consistency with the 44 appropriate policies set out in this Code, including a description of the techniques 45 to be used to prevent both the potential degradation of surface water resources 46 and an increase in flood hazard damage. Who will be responsible for long term 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 management of detention areas and swales? Please detail necessary (exotic removal, native planting, etc) and recommended management measures (restricted use of chemicals, etc) within the PAMP. 3/28/07 - NOT ADDRESSED - The applicant has not addressed this comment so above comment remains the same. 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EPA Cheryl Echeverri, FDEP 27 1 RESOLUTION 07-247 2 File Number: MJSP 05-025 3 4 A RESOLUTION GRANTING APPROVAL OF A MAJOR 5 SITE PLAN CONDOMINIUM PROJECT THAT IS TO BE 6 KNOWN AS HUTCHINSON SANDS. 7 8 WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, based on the 9 testimony and evidence, including but not limited to the staff report, has made the following 10 determinations: 11 12 1. Herbert S. Garten, Lynnore Moss, Front Street, LLC, Ute Avenue, LLC, 13 Indiantown Land, Inc. and Aspen, LLC for a Major Site Plan for property 84-unit 14 residential subdivision (84 Condominiums), for the project to be known as Hutchinson 15 Sands. The site plan includes: 16 .:. Four buildings of 64,022 square feet each and 560 square feet of 17 clubhouse; 18 .:. 76,666 square feet of driveway & parking; 19 .:. a total of 64,582 square feet of buildings; 20 .:. 21.81 acres of proposed conservation area; 21 .:. 104.75 acres proposed to be conveyed to S1. Lucie County. 22 23 2. The Development Review Committee has reviewed the site plan for the proposed 24 project and found it to meet all technical requirements and to be consistent with the 25 future land use maps of the S1. Lucie County Comprehensive Plan. 26 27 3. The proposed project is consistent with the general purpose, goals, objectives and 28 standards of the S1. Lucie County Land Development Code, the St. Lucie County 29 Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 30 31 4. The proposed project will not have an undue adverse effect on adjacent property, the 32 character of the neighborhood, traffic conditions, parking, utility facilities or other 33 matters affecting the public health, safety and general welfare. 34 35 5. All reasonable steps have been taken to minimize any adverse effect of the proposed 36 project on the immediate vicinity through building design, site design, landscaping and 37 screening. 38 39 6. The proposed project will be constructed, arranged and operated so as not to interfere 40 with the development and use of neighboring property, in accordance with applicable 41 district regulations. 42 43 7. The proposed project will be served by the Fort Pierce Utilities Authority for water and 44 the St. Lucie County Utilities for wastewater services. 45 46 8. The applicant has applied for and received a certificate of capacity, a copy of which is 47 attached to this order as Exhibit A, as required under Chapter V, 81. Lucie County Land 48 Development Code. 49 November 27, 2007 Page 1 of 12 Resolution No. 07.247 Hutchinson Sands MJSP 05-025 1 2 3 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 4 County, Florida: 5 6 A. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the 7 Major Site Plan to be known as Hutchinson Sands, is hereby, approved as shown on the site 8 plan drawings for the project prepared by David Miller and Associates, P.A. on October 18, 9 2007 and date stamped received by the St. Lucie County Growth Management Department on 10 October 18, 2007 for the property described below, subject to the following conditions: 11 12 1. No written responses to any of ERD's previous comments were submitted with the latest 13 submittal packages, therefore ERD staff continues to assume the applicant is pursuing a 14 waiver to St. Lucie County Comprehensive Plan Policy 8.1.14.2, and that the submission of 15 the site plan, showing impacts to the wetlands, acts as their request for a waiver to the St. 16 Lucie County Comprehensive Plan Policy 8.1.14.2. As was previously stated, these 17 provisions can only be waived following the review and approval of the BOCC. In the 18 latest site plan the applicant has redesigned the project from seven-12 unit buildings to 19 four-21 unit buildings; maintaining a total number of units to be 84. The redesign reduces 20 the proposed wetland impacts from 3.33 acres to 2.50 acres. ERD will forward the site 21 plan (including the Economic Impact Report) along with a staff report from ERD to the 22 BOCC for their consideration. Therefore, a condition of approval for the final site plan for 23 the Hutchinson Sands project shall be that the BOCC determine whether the impacts 24 proposed to the wetland from the construction of this project qualify for a waiver to 25 Comprehensive Plan Policy 8.1.14.2. 26 27 2. The latest site plan the applicant has redesigned the project from seven-12 unit buildings 28 to four-21 unit buildings; maintaining to total number of units to be 84. The requirement for 29 parking spaces remains the same at 171 spaces, however the applicant is proposing 182 30 parking spaces. Twelve of the parking spaces are shown to be facing the dune. Section 31 6.04.02 I. 7. a. of the St. Lucie County Land Development Code states that "Parking lots 32 and roadways, inCluding any paved or unpaved area upon which motorized vehicles will 33 operate, should be designed and/or positioned such that vehicular headlights do not cast 34 light toward the beach." Please eliminate the eleven extra parking spaces and eliminate 35 any parking spaces which direct vehicular lights towards the beach. 36 37 3. Prior to the issuance of a vegetation removal permit for any portion of the Hutchinson 38 Sands site plan, the developers, their successor or assigns, shall submit current wetland 39 jurisdictional determinations from USACOE. 40 41 4. Prior to the issuance of a vegetation removal permit for any portion of the Hutchinson 42 Sands site plan, the developers, their successor or assigns, shall submit approved 43 wetland impact permits authorizing the wetland impacts as shown on the proposed site 44 plan from all relevant State and Federal agencies. 45 46 5. Prior to the issuance of a vegetation removal permit for any portion of the Hutchinson 47 Sands site plan, the developers, their successor or assigns, shall submit approved 48 wetland impact permits authorizing the wetland Impacts as shown on the proposed site 49 plan from all relevant State and Federal agencies along with approval from all appropriate 50 State and Federal agencies of the final mitigation plan. 51 November 27,2007 Page 2 of 12 Resolution No. 07-247 Hutchinson Sands MJSP 05-025 1 6. Prior to the issuance of any Certificate of Occupancies for any portion of the Hutchinson 2 Sands site plan, the developers, their successor or assigns, shall have completed all 3 mitigation required to offset wetland impacts. 4 5 7. Per SLC BOCC direction, comments regarding construction in relation to the 1988 CCCL 6 have been withdrawn. However, ERD respectfully requests that the BOCC consider the 7 facts that hurricanes and recent storm events have over-washed this area and severely 8 eroded the beach along this project. The aerial photographs submitted with the 151 9 submittal of this project showing pre-storm conditions (2003) compared to the 10 photographs submitted with the 2nd submittal of this project showing post-storm 11 conditions (2006) show an enormous difference in beach width, dune impacts, and 12 vegetation cover. Recent site inspections show that the dune on the Sea Oats project, 13 immediately adjacent to the north of this project, which was cleared prior to the storms, 14 was completely leveled. The portion of this project that abuts the Sea Oats project 15 experienced more severe overwash (extending further inland) than the portions to the 16 south of the project (which abut currently undeveloped land). Since the dunes have been 17 leveled, tracks of nesting sea turtles have been observed, by FWS and County staff, well 18 west of where the dune used to be. It should also be noted that, according to the SLC 19 Compo Plan (Chapter 8, F.2), "due to development in the coastal areas of the County, the 20 boundaries of this habitat category (coastal upland habitats) have been significantly 21 reduced" and beach dune communities are imperiled statewide because of their rarity and 22 their vulnerability to extinction (FNAI, Tracking List of Rare, Threatened and Endangered 23 Plants, Animals and Natural Communities of Florida, 2000). This project is located within 24 the CBRA Zone. Congress passed the Coastal Barrier Resources Act (CBRA) (96 Stat. 25 1653; 16 U.S.C. 3501 et seq.) on October 18, 1982. The primary purposes of CBRA are to 26 minimize the loss of human life by discouraging development in high risk areas, reduce 27 the wasteful expenditure of Federal resources, and protect the fish, wildlife, and other 28 natural resources associated with coastal barriers. The US Fish and Wildlife service has 29 determined that development of the project located several hundred feet south of this 30 project (known as Sunset Beach) would present a very high risk to life and property based 31 on the site's low elevation, geologic instability, and exposure to storm surges (Souza, 32 8/17/06). 33 34 Prior to the issuance of any Vegetation Removal Permits for any portion of the Hutchinson 35 Sands site plan, the developers, their successor or assigns, shall provide written 36 authorization from the Florida Department of Environmental Protection Bureau of Beaches 37 and Coastal Division for construction in relation to the 1988 Coastal Construction Control 38 Line. 39 40 8. Prior to the issuance of any Vegetation Removal Permits for any portion of the Hutchinson 41 Sands site plan, the developers, their successor or assigns, shall provide a complete 42 beach and dune restoration plan (reflecting the final approved layout) that meets, or 43 exceeds, the requirements outlined In Section 6.02.01 F and G. of the SLC LDC, Including 44 existing and proposed elevations (a plan view and cross-sectional drawings indication the 45 equilibrium toe-of-fill profile of the proposed dune (berm) located between the home sites 46 and the Atlantic Ocean - this profile should extend from the proposed home sites to the 47 nearshore reef adjacent to the site and include the existing beach profile on the drawings, 48 and describe the method of calculating the equilibrium toe-of-fill with an evaluation of the 49 accuracy of this method); type of sand (an analysis of the material used to construct the 50 proposed berm located between the homesites and the Atlantic Ocean - this analysis 51 should examine color, grain size distribution, sand grain frequency, mean and median 52 grain size, and sorting coefficient and compatibility analysis of the material used to 53 construct the proposed berm located between the home sites and the Atlantic Ocean - this 54 analysis should examine the material's compatibility with the existing beach sand to November 27,2007 Page 3 of 12 Resolution No. 07-247 Hutchinson Sands MJSP 05-025 1 include the siliceous sand to carbonate sand ratios and percent fine particles (< 230 J.Im 2 particle diameter by weight)) and proposed methods to import sand and grade the dune; a 3 timing and sequencing of the proposed work in relation to sea turtle nesting season and a 4 summary of current and historic sea turtle nesting data along this stretch of South 5 Hutchinson Island; types and quantities of proposed plants, proposed planting schedule, 6 assurance of plant survival, a description of proposed post planting maintenance (will 7 temporary irrigation be provided? what source will be used? who will determine if the 8 plants have been established, who will remove the irrigation after plants have established? 9 if plants are not successful who, when, what plants will be replaced? Restored beaches 10 shall, to the maximum extent possible, resemble the characteristics of pre-existing or 11 adjacent natural beaches in terms of sediment grain size, compaction, and beach slope. 12 Restored and stabilized dunes shall, to the maximum extent possible, be similar in 13 appearance to pre-existing or adjacent natural beaches in terms of profile, vegetation and 14 sediment characteristics. Restored and stabilized dunes shall be designed such that the 15 reconstructed dune profile does not effectively exclude access by nesting sea turtles. 16 Once the vegetation has become established, all irrigation shall cease and all associated 17 equipment shall be removed from the dunes. The design and operation of sprinkler or 18 irrigation systems shall not Interfere with the normal development of sea turtle eggs in the 19 nests or adversely affect emergent hatchlings. The dune planting schematic submitted for 20 review shows only a small portion of the typical section shown to be planted with sea 21 oats. It has been shown that restored dunes establish quicker if, at a minimum, the 22 seaward face of the dune is planted 100% sea oats. Other dune appropriate species 23 should be planted after the sea oats establish. Previous hurricanes have over-washed this 24 area and severely eroded the beach along this project. Please note the enormous 25 difference conditions in the aerial photographs submitted with the 151 submittal of this 26 project showing pre-storm conditions (2003) versus the photographs submitted with the 27 2nd submittal of this project showing post-storm conditions. This data along with recent 28 site inspections show that the dune on the Sea Oats project, immediately adjacent to the 29 north of this project, which was cleared prior to the storms, was. completely leveled. The 30 portion of this project that abuts the Sea Oats project experienced more severe overwash 31 (extending further inland) than the portions to the south of the project (which abut 32 currently undeveloped land). Since the dunes have been leveled, tracks of nesting sea 33 turtles have been observed, by FWS and County staff, well west of where the dune used to 34 be. Please explain how future overwashes and storm breaches will be 35 prevented/avoided/repaired, as well as how the proposed oceanfront homes, protected 36 only by a small reconstructed berm/ dune will be protected and submit a summary of 37 methods proposed to prevent scarp formation on the seaward face of the proposed berm. 38 In their review of the Sunset Beach project, USFWS identified the presence of live 39 wormrock reefs offshore of this stretch of the island (and ERD staff has observed reef 40 during low tide) and points out that the reefs provide shelter and substrate for important 41 fisheries species which are identified as being aquatic resources of national importance. 42 The USFWS states that all species present on the reef are of scientific importance and 43 expresses concern that the productive capacity of the near shore hard bottom reef 44 adjacent to the site could be buried by the migration of the proposed berm to its 45 equilibrium footprint, or by a smothering accumulation of fine particulates generated from 46 the proposed berm. 47 48 Prior to the issuance of any Vegetation Removal Permits for any portion of the Hutchinson 49 Sands site plan, the developers, their successor or assigns, shall provide documentation 50 showing that the final Beach and Dune Restoration Plan and PAMP has FDEP approval. 51 52 9. Prior to the issuance of any Vegetation Removal Permits for any portion of the Hutchinson 53 Sands site plan, the developers, their successor or assigns, shall provide drawings of the 54 dune crossovers including a cross-sectional view of the structure in relation to the dune November 27,2007 Page 4 of 12 Resolution No. 07-247 Hutchinson Sands MJSP 05-025 1 elevation and vegetation. Section 6.02.01.E of the LDC states that no development shall be 2 approved within the Dune Preservation Zone other than for non-rigid or flexible structures, 3 rigid structures, or other shoreline protection development; beach access; beach safety; 4 approved sea turtle research; and other beach dependent or public uses approved by the 5 . FDEP. Please submit an approved permit from FDEP for the proposed dune crossover. 6 Please delineate and label the Dune Preservation Zone on the site plan and be sure that it 7 is consistent with the definition in Chapter II of the SLC LDC ("The area between the mean 8 high water line of the Atlantic Ocean and the western edge of the frontal dune system, as 9 defined by vegetation and elevation. The dune preservation zone shall have the 10 characteristics of the beach and dune lands environmental zone, as described in Chapter 11 VIII, Natural Environmental Analysis, of the St. Lucie County Barrier Island Study: 12 Analysis of Growth Management Policy Plan (August, 1982). Where the western edge of 13 the frontal dune cannot be ascertained, the dune preservation zone shall be set by 14 reference to a management and restoration plan that has been prepared based on natural 15 coastal dynamics") and that FDEP has verified and agreed with the delineation. 16 17 10. Prior to the issuance of any Certificate of Occupancies for any portion of the Hutchinson 18 Sands site plan, the developers, their successor or assigns, shall successfully pass 19 inspections confirming that all lighting Is In compliance with Section 6.04.02 of the St. 20 Lucie County land Development Code. 21 22 11. Prior to issuance of any building permits or vegetation removal permits for any portion of 23 the Hutchinson Sands Plantation site, the developers, their successor or assigns, shall 24 submit to St. Lucie County Environmental Resources Department a completed (executed 25 and recorded) conservation easement for the Dune Preservation Zone, and the Wetland 26 Preserve Areas per Policy 8.1.12.8 of the Conservation Element of the St. Lucie County 27 Comprehensive Plan. Please note that prior to the issuance of a Vegetation Removal 28 Permit, an executed (signed), recorded copy of the easement document must be provided. 29 Please be sure to include the following statements 1) The Hutchinson Sands Homeowners 30 Association, Inc. shall maintain in perpetuity, the lands dedicated as a conservation 31 easement in accordance with the approved Preserve Area Management and Monitoring 32 Plan, revised - insert date-, 2006. Further, the Hutchinson Sands Homeowners 33 Association, Inc. agrees that it shall take private enforcement action against any member 34 of the Hutchinson Sands Homeowners Association, Inc. who violates the rules relating to 35 use/maintenance of the designated easement." and 2) "Preserve Areas shall be maintained 36 in perpetuity by the Hutchinson Sands Homeowners Association, Inc. and a qualified 37 maintenance company. Such maintenance shall include, but is not limited to, exotic 38 vegetation removal, replanting with appropriate native vegetation, vine control, and 39 removal of trash and debris. Maintenance schedule should be so as to keep the preserve 40 areas ecologically functional and high quality, as well as a minimum 90% free of exotic 41 vegetation." 42 43 12. Prior to issuance of any building permits or vegetation removal permits for any portion of 44 the Hutchinson Sands Plantation site, the developers, their successor or assigns, shall 45 submit to St. Lucie County Environmental Resources Department completed Homeowners 46 Association guidelines (Homeowners/Property Owners Association or Declaration of 47 Covanence documents) for review. The guidelines, at a minimum, should specify 48 restrictions on any encroachment into the Preserve Areas (wetland and dune area) as well 49 as restrictions on vegetation removal outside the building pad areas/common areas. At a 50 minimum the documents shall include: 51 A. Language which notifies prospective property owners that the association 52 property includes wetland preservation and dune preservation zone which are 53 protected under conservation easements; and 54 B. Language which informs the prospective property owners that the wetlands and November 27,2007 Page 5 of 12 Resolution No. 07-247 Hutchinson Sands MJSP 05-025 1 dune preservation zone may not be altered from their natural/ permitted condition 2 with the exception of: exotic vegetation removal, or restoration in accordance with 3 the restoration plan that shall be referenced in the conservation easement. 4 C. Due to the high degree of sensitivity and ecological significance of the wetland 5 resources on this site, the HOA documents should also discuss best management 6 practices that the future residences could employ such as limiting fertilizer and 7 pesticide uses on their lawns, common areas, and stormwater systems and make 8 sure that information is incorporated into the PAMP. 9 10 13. Prior to issuance of any building permits or vegetation removal permits for any portion of 11 the Hutchinson Sands Plantation site, the developers, their successor or assigns, shall 12 submit to St. Lucie County Environmental Resources Department a soil and water 13 conservation plan and written assessment which outlines a system of best management 14 practices to control soil erosion, reduce sediment loss, and protect the water quality on 15 the subject parcel of land during all phases of development (including road building, 16 culvert installation, etc). These best management practices shall consider the impacts 17 of onsite development activity on adjacent parcels of land, so as to avoid soil erosion, 18 sediment loss, and degraded water quality on the adjacent parcels of land. As required by 19 SLC LDC Section 11.02.09.A.5.b.6.d, please submit a surface water management plan and 20 written assessment which demonstrates consistency with the appropriate policies set out 21 in this Code, including a description of the techniques to be used to prevent both the 22 potential degradation of surface water resources and an increase in flood hazard damage. 23 Who will be responsible for long term management of detention areas and swales? Please 24 detail necessary (exotic removal, native planting, etc) and recommended management 25 measures (restricted use of chemicals, etc) within the PAMP. 26 27 14. No final site plan construction Development Permits shall be Issued by the County until 28 complete sets of sealed constructible final engineering plans, supporting calculations and 29 survey data for all site work and offsite improvements are submitted to the County and 30 approved by the Public Works Department, Utilities Department, Growth Management 31 Department, St. Lucie County Fire District, and any other agency or County Department 32 that may be determined by the Director of Growth Management to be necessarily involved 33 in the review and approval of the constructible final engineering plans for the site work 34 and offslte improvements. The determination of whether or not plans submitted by the 35 applicant constitute a complete set of constructible plans shall be made by the 36 departments involved in the plan review within five business days of the date the plans are 37 received in the Department of Growth Management. 38 39 15. Prior to the issuance of the first Certificate of Occupancy (CO), the developer, their 40 successors or assigns shall complete Prior to the issuance of the Certificate of 41 Occupancy (CO) for the first building permit, the petitioner, their successor or assigns, 42 shall construct a northbound right turn lane on Highway A1A at the project entrance per 43 County Standards and shall provide a fee in lieu of, equal to the cost of sidewalk 44 construction from the northern to the southern limits based on an engineer's estimate and 45 agreed to by the County Engineer. All roadway Improvements, including private roads, 46 shall be constructed in accordance with the St. Lucie County Land Development Code and 47 the latest editions to the Florida Department of Transportation (FDOT) Design Standards 48 and the Standard Specifications for Road and Bridge Construction. 49 50 16. All site improvements, including, but not limited to, buildings, water/sewer lines, 51 landscaping, and common electrical lines, shall be constructed so as to meet Federal 52 Emergency Management Agency requirements. Among the requirements is that the 53 buildings be constructed as to allow for the unimpeded flow of floodwaters. For buildings 54 with foundations extending between the finished floor and a finished grade that is below November 27,2007 Page 6 of 12 Resolution No. 07-247 Hutchinson Sands MJSP 05-025 1 the base flood elevation, a minimum of two openings having a total net area of not less 2 than one square inch for every square foot of enclosed area subject to flooding shall be 3 provided. The bottom of all openings shall be no higher than one foot above grade. 4 Openings may be equipped with screens, louvers, valves, or other coverings or devices 5 provided that they permit the automatic entry and exit of floodwaters. Electrical lines and 6 water/sewer lines shall be 50 constructed 50 that no floodwaters may infiltrate the 7 systems. Sanitary sewers shall be required to contain a rain water stopper for all 8 manholes. 9 10 17. An environmental professional, experienced In handling Sea Turtles, shall be retained for 11 any relocation that may need to be done In the course of the construction, as was 12 recommended. An addition to this condition shall be that prior to issuance of a St. Lucie 13 County Vegetation Removal Permit, a pre-clearing meeting be conducted with the clearing 14 contractors to provide educational materials (poster & pamphlets) to inform them of the 15 protocol that shall be followed should a sea turtle nest be encountered. If a sea turtle is 16 encountered during site construction, all work shall be halted and the environmental 17 professional shall be contacted. 18 19 18. The applicant shall be required to submit to St. Lucie County an annual monitoring report 20 demonstrating compliance with the above conditions. The requirement for this report 21 shall begin on the anniversary date of commencement of construction and shall continue 22 on that date until two (2) years after the completion of the development. For the purpose of 23 this condition, "completion of the development" shall mean the issuance of the 82nd 24 Certificate of Occupancy or the Certificate of Occupancy for the 98th percentile of the final 25 project density in the event that less than 84 units are constructed on this site. 26 27 19. The hours of operation for construction activities shall be in compliance with the County 28 Noise Ordinance. 29 30 31 B. The request of the petitioner dated November 13, 2007 for waiver of the St. Lucie 32 County Comprehensive Plan Policy 8.1.14.2 to allow this Hutchinson Sands 33 Condominium Major Site Plan to impact 2.50 acres of wetlands is herby 34 approved. 35 36 C. The property on which this Major Site Plan approval is being approved is 37 described as follows: 38 39 Parcel #1 - Owners - Front Street. LLC & Ute Avenue. LLC. 40 The South 440 feet of the North 880 feet of Government Lot 1, Section 29, Township 35 41 South, Range 41 East, St. Lucie County, Florida 42 43 Parcel #2 - Owners - Indiantown Land, Inc. & Aspen LLC 44 The South 440 feet of Government Lot 1, Section 29, Township 35 South, Range 41 East, 45 St. Lucie County, Florida, being more particularly described as follows: 46 47 Beginning at a point 880 feet South from the Northwesterly corner of Government Lot 1, 48 Section 29, Township 35 South, Range 41 East; thence running Easterly and parallel with 49 the Northerly line of said Lot to the Atlantic Ocean; thence running Southeasterly along 50 the said Atlantic Ocean to the South line of said Lot; thence running Westerly along the 51 South line of said Lot to the Southwesterly corner of said Lot; thence running Northerly 52 along the West line of said Lot to the Point of Beginning. Together with all riparian and 53 littoral rights thereunto appertaining. November 27,2007 Page 7 of 12 Resolution No. 07-247 Hutchinson Sands MJSP 05-025 1 2 Parcel #3 - Owner - Indlantown Land. Inc. 3 The South 2/3 of Government Lots 1 & 2, as measured along the common line between 4 Government Lots 1 & 2, Section 30, Township 35 South, Range 41 East, St. Lucie County, 5 Florida. 6 7 Parcel #4 - Owner - Lvnnore Moss & Herbert S. Garten 8 The Northerly 1040.5 feet of Government Lots 3 & 4, as measured along the common line 9 between Government Lots 3 & 4, Section 30, Township 35 South, Range 41 East, St. Lucie 10 County, Florida. 11 12 Parcel #5 - Owner - Lvnnore Moss & Herbert S. Garten 13 Section 30, Township 35 South, Range 41 East, St. Lucie County, Florida: that part of 14 Government Lots 3 & 4 lying south of the following described line. From the intersection 15 of the east line of Section 30 and the southwesterly road right-of-way line of State Road A- 16 1-A, thence south 00008'10" along the easterly line of Section 30, 72 feet to a point of 17 beginning; thence North 80024'48" West 655 feet, thence South 74"21'36" West 1110 feet 18 more or less to the Indian River and the end of the described line: less that part lying 19 South of the following described line. From the intersection of the east line of Section 30 20 and southwesterly road right-of-way of State Road A-1-A, thence South 00"08'10" East 21 along the east line of Section 30, 725 feet to Government Meander Line, thence North 22 80024'48" West along the Government Lot Meander Line 655 feet, thence South 74"21'36" 23 West 1110 feet more or less to the Indian River and the end of this described line, 24 containing 25.12 acres more or less as recorded in OR Book 1997, Page 571. 25 26 PARCEL SURVEYED 27 CONTAINING 133.21 ACRES MORE OR LESS. 28 29 Tax 10# 2529-222-0002-000/6, 2529-223-0001-000/2, 2530-111-0002-000/9, 2530-131-0001- 30 000/4 and 2530-134-0002-000/0. 31 32 Location: Both sides of Highway A1A, approximately 1260 feet south of 33 Frederick Douglas Park. 34 35 36 D. The Major Site Plan approval granted under this Resolution is specifically conditioned to 37 the requirement that the petitioner, Herbert S. Garten, et. a!. including any successors 38 in interest, shall obtain all necessary development permits and construction 39 authorizations from the appropriate State and Federal regulatory authorities, including 40 but not limited to; the United Stated Army Corp of Engineers, the Florida Department of 41 Environmental Protection, and the South Florida Water Management District, prior to the 42 issuance of any local building permits of authorizations to commence development 43 activities on the property described in Part B. 44 45 E. A Certificate of Capacity, a copy of which is attached to this Resolution as Exhibit A, was 46 granted by the Director of Growth Management on October 2, 2006, which certificate 47 shall remain valid for the period of Site Plan approval or any extension grated thereto. If 48 this order expires or otherwise terminates, the Certificate of Capacity shall automatically 49 terminate. 50 51 F. The St. Lucie County Director of Growth Management is hereby authorized and directed 52 to cause the notation of this resolution to be made on the Official Zoning Map of St. November 27,2007 Page B of 12 Resolution No. 07-247 Hutchinson Sands MJSP 05-025 1 Lucie County. Florida, and to make notation of reference to the date of adoption of this 2 resolution. 3 4 G. The Director of Growth Management shall coordinate the issuance of further site 5 Development Permits. No final site construction authorizations or site Development 6 Permits shall be issued until all requirements for such permits are met. 7 8 H. This resolution shall be recorded in the Public Records of St. Lucie County.The recording 9 of this resolution does not authorize commencement of anyon-site development 10 activities without obtaining such further development permits as may be required. All 11 applicable conditions of approval as set forth above, and applicable code requirements 12 must be met to satisfaction of the County before final site construction permits are 13 issued. 14 15 1. A copy of this Order shall be attached to the site plan drawings described in Part A, 16 which plan shall be placed on file with the St. Lucie County Growth Management 17 Director and mailed, return receipt requested to the developer and agent of record as 18 identified on the site plan applications. 19 20 J. The conditions set forth in Part A are an integral non-severable part of the Major 21 Adjustment to the Major Site Plan. 22 23 K. If any condition set forth in Part A is determined to be invalid or unenforceable for any 24 reason and the developer declines to comply voluntarily with that condition, the site plan 25 approval granted by this resolution shall become null and void. 26 27 L. This Major Site Development Plan approval shall expire on September 26, 2009, unless 28 an extension is granted in accordance with Section 11.02.06(8)(3), St. Lucie County 29 Land Development Code or unless a building permit is secured. 30 31 M. The effective date of this resolution shall be the date of adoption contained herein. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 November 27,2007 Page 9 of 12 Resolution No. 07-247 Hutchinson Sands MJSP 05-025 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 After motion and second, the vote on this resolution was as follows: Chairman Joseph E. Smith Vice-Chair Paula A. Lewis Commissioner Chris Craft Commissioner Doug Coward Commissioner Charles Grande xxx xxx xxx xxx xxx PASSED AND DULY ADOPTED this 27th day of November 2007 ATTEST Deputy Clerk November 27, 2007 Page 10 of 12 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney Resolution No. 07-247 Hutchinson Sands MJSP 05-025 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 November 27,2007 Page 11 of 12 025 Exhibit "A" Certificate of Capacity Resolution No. 07-247 Hutchinson Sands MJSP 05- CERTIFICATE OF CAPACITY 2300 Virginia Avenue Ft. Pierce, FL 34982 (772)-462-2822 Date: 9/4/2007 Certificate No. 2664 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development 84 Condominiums on S. Hutchinson Island Number of units 84 Number of square feet 2. Property legal description & Tax 10 no. 253011100020009;253013100010004;253013400020000;253011100020009;253013100010004;252922200020006;2529223000 South Hutchinson Island Hutchinson Sands Hutchinson Sands 3. Approval: Building Permit 4. Subject to the following conditions for concurrency: Resolution No. 07-247 Letter Owner's name Indiantown Land Inc Aspen Lie Fedder + Garton Address 36 S Charles St 2300 Baltimore MD 21201 6. Certificate Expiration Date The certificate of capacity shall be valid for the same period of time as the Development Order. Section 5.08.04(B), St. Lucie County Land Development Code. This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. HMtC. ~He\{~ Growth Management Director: St Lucie County, Florida Signed Date: 9/4/2007 -k '\)rt~vJ ~ D~:)\ c.. :oncurrency Review by: _-~---, Signed /..:.~ v... .r , ~.....~ Date: 9/4/2007 Tuesday, September 04, 2007 Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 November 27, 2007 Page 12 of 12 Exhibit "8" Map Resolution No. 07-247 Hutchinson Sands MJSP 05-025 Project known as Hutchinson Sands, an 84 unit condominium I I I I I I I I I I I I I I I I I I I I I L_______ I I I I I I I I I I I I \ \ \ \ \ \ \ \ \ " ':5 \ 9:". " ~ \ -a. \ "- \ (\) \ "'" ~ ~ ~ ~. o o ~ ~ \ I J I \ , MJSP 05-025 Legend X'.L~ o;,~~ fir(J'1ll'tli :M47t6t1emen~ O!'parl'men/ N A ~ Subject property Map prepared September 24, 2007 CONSENT AGENDA ITEMS 11/16/07 PZABWARR FUND 001 001180 001183 001194 001195 001404 001405 001412 001418 001419 001420 001424 001814 101 101001 101002 101003 101004 101006 102 102001 105 107 107001 ')02 D03 107006 107204 121 129 140 140001 150 160 183 183001 183004 183006 184210 184211 185006 185007 185009 189201 310002 316 317 362 ST. LUCIE COUNTY - BOARD WARRANT LIST # 7- 10-NOV-2007 TO 16-NOV-2007 FUND SUMMARY TITLE General Fund US Dept Housing HOD Shelter Plus Gr Section 112/MPO/PHWA/Planning 2007 U.S. Dept of Housing & Community Community Services Block Grant 05 CDBG Sup Disaster Recovery St Lucie Co Special Needs Shelt CTD Medicaid Non-Bmrg Grant PY 07 PDCA BMPA PY07 PDCA-Construct County EOC TDC Planning Grant 07 Dept of Pinancial Services My Safe Ploridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Pees Unincorporated Services Fund Drainage Maintenance MSTO Library Special Grants Fund Pine & Porfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surcher Pine & Porfeiture Fund-800 Mhz Oper P&F Fund-Court Related Technology FL Dept Juvenile Justice-DMC Civil Blakely Subdivision Fund Parks MSTO Fund Port & Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litsm Fund FDEP - SLC South Dune Restoration FDEP South SLC Beach Restoration FHFA SHIP FY05/06 PHFA SHIP FY06/07 PHPA SHIP 2007/2008 FHFC Hurricane Housing Recovery Pla Impact Fees-Parks County Capital County Capital-St Revenue Share Bnd Sports Complex Improv Fund EXPENSES 510,169.83 7,503.20 1,060.28 1,428.42 2,913.17 97.44 5,708.75 44,376.00 3,000.00 1,344.39 76.04 1,196.56 165.59 5,574.62 74.69 49,659.98 54,797.31 6,056.47 8,040.81 48,343.69 14,583.33 466.56 291,350.37 82.34 12,523.26 2,254.85 8,424.64 118.75 84.39 83,772.00 6,375.08 827.08 1,049.82 3,721.51 110,087.22 200.00 755.92 1,685.51 7,047.36 23,800.54 9.69 9,864.36 79.63 5,062.92 57,998.22 72,175.02 46,845.32 9,300.00 PAGE PAYROLL 691,644.87 258.56 4,459.91 0.00 1,439.06 1,381.24 0.00 0.00 0.00 0.00 792.90 0.00 1,391.91 43,078.26 976.30 48,178.84 34,260.13 20,250.02 0.00 88,437.34 6,957.60 0.00 153,337.69 1,081.20 2,128.40 0.00 8,488.00 1,552.31 0.00 0.00 16,371.40 0.00 1,147.20 3,390.09 0.00 0.00 3,725.90 0.00 0.00 0.00 0.00 0.00 1,083.20 2,093.92 0.00 0.00 0.00 0.00 1 J.J./16/07 FZABWARR FUND 382 401 418 451 458 461 471 478 479 491 505 505001 6J.J. 801 ( ST. LUCIE COUNTY - BOARD WARRANT LIST # 7- 10-NOV-2007 TO 16-NOV-2007 FUND SUMMARY TITLE Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Uti1-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Bank Fund GRAND TOTALs EXPENSES J.J.9.25 75,150.06 17,489.03 15,515.59 36.74 23,533.63 15,554.01 101.41 101.57 9,395.62 473,640.96 175.65 7,671.30 261,840.21 2,422,457.96 PAGE PAYROLL 0.00 67,606.60 22,933.53 1,569.16 493.86 18,382.89 8,666.38 1,359.21 1,359.96 58,585.78 7,681.50 2,340.00 178.20 0.00 1,329,063.32 2 11/21/07 FZABWARR FUND 001 001167 001177 001180 001183 001404 001417 001420 001423 001814 101 101002 101003 101004 101006 102 102001 105 107 107001 107002 107003 107005 107006 104 114 117 119 123 127 128 136 138 140 140001 150 160 183 183001 183004 183006 185007 185008 185009 189201 210 310002 ST. LUCIE COUNTY - BOARD WARRANT LIST #8 - 17-NOV-2007 TO 21-NQV-2007 FUND SUMMARY TITLE General Fund FTA Section 5303 Grant FY 05 Section 112/MPO/FHWA/Planning 2006 US Dept Housing HOD Shelter Plus Gr Section 112/MPO/PHWA/Planning 2007 05 CDBG Sup Disaster Recovery FDCA St. Lucie Co. Special Needs Sh TDC Planning Grant 07 DCA-Construction Mitigation Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Legal Aid F&F Fund-Court Related Technology FL Dept Juvenile Justice-DMC Civil Harmony Heights 3 Fund Harmony Heights 4 Fund Sunrise Park Fund Holiday Pines Fund Queens Cove Lighting Dist#13 Fund Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Port & Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery PHFA SHIP 2007/2008 FEFC Hurricane Housing Recovery Pla Impact Fees I&S Impact Fees-Parks EXPENSES 205,899.27 3.04 1.40- 1.40 36.40 12.33 525,825.00 5.14 97.58 12.58 2,622.15 29,735.99 112,057.91 15,101.28 60,799.65 27,253.94 14,661.66 6,548.00 61,213.35 9,986.69 19.21 1,890.86 8,254.35 83,608.95 13.94 237.75 518.55 144.35 899.68 946.32 376.79 504.19 1,485.85 259.54 5,159.54 2,848.30 10.20 317.36 547.22 1,024.88 437.54 14,209.30 1,999.38 36.55 4.84 21,483.05 1,068.34 1,480.12 PAGE PAYROLL 29,725.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 11/21/07 PAGE ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #8 - 17-NOV-2007 TO 21-NOV-2007 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 31.0806 FIND-S. Causeway Island Park Imp 24,276.17 0.00 382 Environmental Land Capital Fund 328,895.03 0.00 401 Sanitary Landfill Fund 230,486.91 0.00 41.8 Golf Course Fund 10,31.3.17 0.00 451 S. Hutchinson Utilities Fund 13,808.82 0.00 458 SH Util-Renewal & Replacement Fund 4.28 0.00 461 Sports Complex Fund 2,134.89 0.00 471 No County Utility District-Operatin 10,710.54 0.00 478 No Cty Util Dist-Renewal & Replace 11.. 80 0.00 479 No Cty Util Dist-Capital Facilities 47,708.95 0.00 491 Building Code Fund 627.22 0.00 505 Health Insurance Fund 1,983.71 0.00 505001 Property/Casualty Insurance Fund 67.55 0.00 611 Tourist Development Trust-Adv Fund 641.35 0.00 625 Law Library 5,280.00 0.00 630 Tax Deed Overbid Agency Fund 58,041..13 0.00 665 SLC Art in Public Places Trust Fund 3,460.41. 0.00 801 Bank Fund 45,083.04 0.00 GRAND TOTAL: 2,005,193.88 29,725.40 2 I Revt.sed AGENDA REQUEST ITEM NO. C-2.A .' Date: November 27. 2007 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Resolution No. 07-369 - Amending Animal Control Penalty Schedule to Establish Fines for Failure to Register an Animal BACKGROUND: See C.A. No. 07-1937 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDA nON: Staff recommends that the Board of County Commissioners adopt proposed Resolution No. 07-369 as drafted. COMMISSION ACTION: p<] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: Coordination/Signatures Mgt. & Budget: Purchasing: Other : Other : Finance (Chec for Copy only, if applicable): ~ '. INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 07-1937 DA TE: November 6, 2007 SUBJECT: Resolution No. 07-369 - Amending Animal Control Penalty Schedule to add penalties for failure to register an animal BACKGROUND: On April 3, 2007, the Board of County Commissioners adopted Ordinance No. 07- 010 which established a registration requirements for dogs and cats in the unincorporated areas of the County effective October 1, 2007. To date, a total of 4,200 registration tags have been sold. Attached to this memorandum is a copy of proposed Resolution No. 07- 369 which would amend the Animal Control Penalty Schedule to add penalties for failure to register an animal. Under the proposed amendment, the first occurrence would result in a $100.00 fine, followed by a $200.00 fine for a second occurrence and mandatory court appearance for a third occurrence. If adopted, the resolution would take effect on December 1, 2007. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners adopt proposed Resolution No. 07-367 as drafted. Respectfully submitted, -~~ ------------ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Public Safety Director Management and Budget Director Finance Director .. RESOLUTION NO. 07-369 A RESOLUTION AMENDING RESOLUTION NO. 87-184, AS AMENDED, TO ESTABLISH A PENALTY FOR FAILURE REGISTER AN ANIMAL AS REQUIRED BY SECTION 1-4-29 (REGISTRATION REQUIRED; EFFECT ON DOGS AND CATS IN EXISTENCE ON THE EFFECTIVE DATE OF THE ORDINANCE) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board"), has made the following determinations: 1. On September 29, 1987, the Board adopted Resolution No. 87-184 which established penalties for violations of Article II (Animal Control) of Chapter 1-4 of the St. Lucie County Code of Ordinances and Compiled Laws. 2. On September 27, 1994, the Board adopted Resolution No. 94-210 which established penalties for violations of provisions added to Article II (Animal Control) of Chapter 1-4 pursuant to Ordinance No. 94-05. 3. On July 23, 2002, the Board adopted Resolution No. 02-86 which increased penalties for violations of Article II (Animal Control) of Chapter 1-4 of the St. Lucie County Code of Ordinances and Compiled Laws to reflect the increased costs of providing animal control services. 4. On April 3, 2007, the Board adopted Ordinance No. 07-010 which established a registration requirement for dogs and cats in the unincorporated areas of the County pursuant to Section 1-4-29 effective October 1, 2007. 5. It is appropriate and necessary to establish a penalty for failure to register an animal as required under Section 1-4-29. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, Resolution No. 87-184, as amended, is hereby further amended as follows: '" 1. Section A is hereby further amended to add the following penalties: follows: 1-4-29 Failure to reaister animal FIRST OFFENSE $100.00 SECOND OFFENSE $200.00 HABITUAL OFFENDER Mandatory Court Appearance SECTION DESCRIPTION OF OFFENSE 2. The revisions set forth in this resolution shall take effect on December 1, 2007. After motion and second, the vote on this resolution was as follows: Chairman Joseph E. Smith Vice Chairman Paula Lewis Commissioner Doug Coward Commissioner Charles Grande Commissioner Chris Craft xx xx xx xx xx PASSED AND DULY ADOPTED this day of ,2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY G: \atty\resoltn \2007\07-369 .doc ~ STAFF MEETING 11/14/07 AGENDA NUMBERS FOR NOVEMBER 27 PUBLIC HEARING REGULAR 2A CAC Res. No. 07-309 - Proclaiming 11/15 "Philanthropy Days" 2B CAC Res. No. 07-362 - FAU & HBOI Establishes Partnership 2C CAC Res. No. 07-363 - Commending Richard Pancoast BOA Consent Agenda C2A HY Resolution No. 07-369 - Amending Animal Control Penalties C2B JR Amendment II to the Declaration of Restrictive Covenants - Hackberry Hammock C2C HY Interlocal Agreement with School Board for Dock C2D MG Forensics Case Manager with New Horizons C2E MG New Horizons Jail Diversion HY Volo Holdings C2G MG Server Purchases Mosquito Control District enda C4 ~Permission to advertise Resolution No. 07-06 to Expand Boundaries ~ CM'+ JJ;uJL. AGENDA REQUEST ITEM NO. C2B DATE: November 27, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Florida Communities Trust Hackberry Hammock I FCT Project 05-069-FF5 Amendment II to the Declaration of Restrictive Covenants BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: May 3, 2005 - Received Board of County Commission authorization to submit a Grant Application to Florida Communities Trust for the Hackberry Hammockproject. October 25, 2005 - Received Board of County Commission approval authorizing the Chairman to execute and transmit the Grant Contract to Florida Communities Trust. September 12, 2006 - Received Board of County Commission approval authorizing the Chairman to execute and record the Declaration of Restrictive Covenants. October 9. 2007 - Received Board of County Commission approval authorizing the Chairman to execute and record Amendment I to the Declaration of Restrictive Covenants. RECOMMENDATION: Staff recommends that the Board approve Amendment II to the Declaration of Restrictive Covenants, authorize the Chairman to execute the Amendment, transmit to Florida Communities Trust and record the Amendment in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: L~ APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 Dougl A erson County Administrator Review and Approvals [XX] County Attorney: ')Ii't 1- \)1'",", [XX] Originating Dept.: j.....f- ] Environmental Resources: l County Engineer: ] Road & Bridge: lOMB: Finance: (Check for Copy only. if applicoble) Eff. 5/96 G:\ACQ\WP\JoAnn\Environmental\HQckberry HammQck\Amendment II Declaration of Restrictive CovenQnts Agendo Request.wpd INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: November 27, 2007 SUBJECT: Florida Communities Trust Hackberry Hammock / FCT Project 05-069-FF5 Amendment II to the Declaration of RestriCtive Covenants BACKGROUND: On May 3, 2005, the Board of County Commissioners authorized staff to submit a Grant Application to Florida Communities Trust (FCT) for the purchase of the Hackberry Hammock project. On October 25, 2005, the Board of County Commissioners approved the Grant Contract with Florida Communities Trust (FCT) for the purchase of the Hackberry Hammock project. The Grant Contract provides 39.12'7'0 of the project costs or $3,398,061.00: whichever is less, for the purchase of the Hackberry Hammock project. On September 12, 2006, the Board of County Commissioners approved the Declaration of Restrictive Covenants for the acquisition of the Kelly parcel. On October 9, 2007, the Board of County Commissioners approved the Declaration of Restrictive Covenants for the acquisition of the Comer parcel. The purpose of Amendment II to the Declaration of Restrictive Covenants is to impose covenants and restrictions on the Grimes/Langel parcel, as shown in pink on the attached map. RECOMMENDATION: Staff recommends that the Board approve Amendment II to the Declaration of Restrictive Covenants, authorize the Chairman to execute the Amendment, transmit to Florida Communities Trust and record the Amendment in the Public Records of St. Lucie County, Florida. Respectfully submitted, ~L 1<L J: nn Riley r Property Acquisition Manager G:\ACQ\WP\JoAnn\Environmental\Hackberry Hammock\Amendment II Declaration of Restrictive Covenants Agenda Memo.wpd ~ ~ o m ~ .. !il ~ .... =... '""" ~.5 ~oo:: ..... >. rt.l ~"'rt.l ~ ~ '" ~ g.~ ~:t ,.Q ~ ~ = =: ~ '" o '$i '3 g- o:( 1: '" .. 0 ~ +> ..:iii ~ C) ca:J co C .!;1:lwlfo;1:l._ -g .. a .. ~ 5 8. ~~li-!~cS(J) 0> 2> ~ .;; Ii 1) :B .~ r: = IIJ .~ .9l... 0 V:J :::J c: QJ .g ~ 0 388~CI)ll.< DDDDDm ~ N ~~ . .. ~~ ~~~ <(~~ ~ ~ ~ ~ == ~ ;; 1 @~ ~~ ,8 ~"u ': ~~ lDc:5Ln ~ @~ ~~ gjo .0 N . ",,,0 N.... ':~~ 06.... ~ ~ '>- N_ gj- . ~ . li3"l;! '" ~.. Sj . 0 o ~ Oif-WNv:>AN'IWH3D ~ @~ , >- ~= ,~ !;1!..o Na;<<J ':~~ w6", 8 9 ij~ ~E ;1;8 . ~~~ u:!~ ijJ ~cil ~en ." ~E (1;"'" rile!) . ~i..:~ "'~~ 06~ ~ "' :2 "5 lD Iii '" o 'ill ~ ll. ~ o 0:: C"_ ~g ~l!! &.8. i~ ~~ ~.~ ~~ ~ti: ~~~ "'~": :x:6e:! en G; :2 5 lD ~ o ill .S1 e ll. ~ o 0:: '5~u ",,,,...J 00 en :e:eiii o&.a. ,e, ~.Q ijij~ ~~;: ~8~ ,9.. ~~> ~~~g NN...:,..... ~~..~ . !~ "~ ~I ! ",1; <- ~ ~ 1; ~tf .,; ~. s ... " o This instrument prepared by: Kristen L. Coons, Esq. Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 FLORIDA COMMUNITIES TRUST FF5 A WARD #05-069-FF5 FCT Contract #06-CT -48-05-F5-J 1-069 HACKBERRY HAMMOCK AMENDMENT U DECLARATION OF RESTRICTIVE COVENANTS THIS AMENDMENT II to the DECLARATION OF RESTRICTIVE COVENANTS is entered into this _ day of , 2007, by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs, and ST. LUCIE COUNTY, a political subdivision of the State of Florida ("Recipient"), in order to impose terms, conditions, and restrictions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds and as described in Exhibit "A.U" attached hereto and made a part hereof ("Project Site"), as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of Chapters 259.105, 259.1051, and 380, Part III, Florida Statutes. WHEREAS, FCT and Recipient entered into a Declaration of Restrictive Covenants recorded on October 17, 2006, in Official Records Book 2679, page 1587 - 1599, Public Records of S1. Lucie County, Florida, at the time of the acquisition of the Kelly Parcel ofthe Project Site, as described in Exhibit "A" to the Declaration of Restrictive Covenants; WHEREAS, FCT has approved the terms under which the Kelly Parcel ofthe Project Site was acquired by the Recipient and the current parcels of the Project Site shall be subject to such covenants and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with Section 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and such covenants and restrictions shall contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund upon the failure ofthe Recipient to use the Project Site acquired thereby for such purposes; and WHEREAS, such covenants and restrictions shall be imposed by an agreement which shall describe with particularity the real property which is subject to the agreement and shall be recorded DRC\05-069-FF5 AMENDI/Sept. 13, 2007 1 in the public records of St. Lucie County, Florida, the county in which the real property is located; and WHEREAS, Paragraph II of the Declaration of Restrictive Covenants states that either party may request modification of the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. WHEREAS, the purpose of this Amendment is to impose the covenants and restrictions of the Declaration of Restrictive Covenants on the current parcels (Grimes/Langel) ofthe Project Site, in addition to the Kelly Parcel of the Project Site, subsequent to payment of Recipient's acquisition costs from FCT Florida Forever Bond Proceeds. NOW THEREFORE, in consideration ofthe mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and Recipient do hereby contract and agree as follows: The Declaration of Restrictive Covenants recorded on October 17,2006 in Official Records Book 2679, pages 1587 - 1599, Public Records of S1. Lucie County, Florida, is hereby amended to impose the terms, covenants and restrictions of the Declaration of Restrictive Covenants on the current parcels (GrimeslLangel) ofthe Project Site as described in Exhibit "A.ll" attached hereto, in addition to the Kelly Parcel of the Project Site as described in Exhibit "A" to the Declaration of Restrictive Covenants. This Amendment II to the Declaration of Restrictive Covenants, Amendment I to the Declaration of Restrictive Covenants (recorded at OR Book 2901, Page 2909, S1. Lucie County), the Declaration of Restrictive Covenants and all exhibits, embody the entire agreement between the parties. DRC\05-069-FF5 AMENDI/Sept. 13, 2007 2 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. Witness: ST. LUCIE COUNTY, a political subdivision of the State of Florida By: Print Name: Title: Print Name: Print Name: Date: Accepted as to Legal Form and Sufficiency for Recipient: Print Name: Date: STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this _ day of , 2007, by of as me, or has produced . This person is personally known to as identification. Notary Public Print Name: Commission No. My Commission Expires: DRC\05-069-FF5 AMENDljSept. 13, 2007 3 Witnesses: FLORIDA COMMUNITIES TRUST Janice Browning, Division Director Housing and Community Development Print Name: Date: Print Name: Accepted as to Legal Form and Sufficiency: Kristen L. Coons, Trust Counsel Date: STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this _ day of ,2007 by Janice Browning, Division Director of Housing and Community Development. She is personally known to me. Notary Public Print Name: Commission No. My Commission Expires: DRC\05-069-FFS AMENDljSept. 13, 2007 4 Exhibit "A.II." to Amendment II to Declaration of Restrictive Covenants LEGAL DESCRIPTION LOT 6: FROM THE NORTH 1/4 CORNER OF SECTION 29, TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, RUN SOUTH 00'22'25" EAST, 3530.21 FEET, ALONG THE 1/4 SECTION LINE TO THE POINT OF BEGINNING. FROM THE POINT OF BEGINNING CONTINUE SOUTH 00'22'25" EAST, 1743.27 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION; THENCE SOUTH 89'59'54" WEST, ALONG THE SOUTH SECTION LINE, 500.00 FEET; THENCE NORTH 00'22'25" WEST, 1743.27 FEET; THENCE NORTH 89'59'54" EAST, 500.00 FEET TO THE POINT OF BEGINNING. CONTAINING 20.07 ACRES, MORE OR LESS. DRC\05-069-FF5 AMENDI/Sept. 13, 2007 5 'REV]: S E 1) .. AGENDA REQUEST ITEM NO. C. ::!.c. Date: November 27,2007 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Volo Holdings Fort Pierce, L.L.C. - Approval of Financing by Florida Development Finance Corporation (FDFC) pursuant to Resolution No. 07-378, Ground Lessor Consent and Estoppel Certificate,and Second Amendment to Amended and Restated Lease Agreement BACKGROUND: See C.A. No. 07-1964 FUNDS A V AIL. (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve Resolution No. 07-378, the Ground Lessor Consent and Estoppel Certificate, and the Second Amendment to the Amended and Restated Lease Agreement, and authorize the Chairman to sign the documents. COMMISSION ACTION: !><J APPROVED [] DENIED [ ] OTHER: Approved 5-0 Do las . Anderson County Administrator County Attorney: f)~ ttn OcP'"1 0" . De (y ngmatmg Pt~: 'IV Finance (Check for Copy only, if applicable): Mgt. & Budget: Purchasing: Other: Other: .. INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 07-1964 DATE: November 13,2007 SUBJECT: Yolo Holdings Fort Pierce, L.L.C. - Approval of Financing by Florida Development Finance Corporation (FDFC) pursuant to Resolution No. 07-378, Ground Lessor Consent and Estoppel Certificate, and Second Amendment to Amended and Restated Lease Agreement BACKGROUND: On April 24, 2007, the Board of County Commissioners consented to the assignment of the fixed base operator lease agreement with B & E Houck Enterprises, Inc. to V 010 Holdings Fort Pierce, L.L.C. The Florida Development Finance Corporation (FDFC) has agreed to finance the acquisition, construction and improvement of the leased premises by V 010. FDFC intends to issue industrial development revenue bonds in an amount not to exceed $37,500,000.00 for the project. In conjunction with the issuance of the bonds, Board approval is required for the following documents: 1. Resolution No. 07-378 authorizing the issuance of not to exceed $37,500,000.00 of industrial revenue bonds by FDFC to finance the project and approving an interlocal agreement between the County and FDFC in conjunction with the issuance ofthe bonds. 2. Ground Lessor Consent and Estoppel Certificate provides for the County to consent to the encumbrance of the leasehold interest pursuant to a mortgage from Yolo to UMB Bank, N.A. to secure the obligations of Volo under the bond financing. 3. Second Amendment to Amended and Restated Lease Agreement to change the lease renewal date from October 2040 to October 2035 to coincide with eighty percent (80%) of the remaining useful life of the existing buildings in order to comply with Internal Revenue Service requirements for the bond financing. The County's Bond Counsel has reviewed and approved the form of the resolution. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve Resolution No. 07-378, the Ground Lessor Consent and Estoppel Certificate, and the Second Amendment to the Amended and Restated Lease Agreement, and authorize the Chairman to sign the documents. Attachments HYI Copies to: Respectfully submitted, 'l7 .J......~ Heather Young Assistant County Attorney County Administrator Airport Director Finance Director Management and Budget Director Clerk of Court RESOLUTION NO. 07-378 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA APPROVING FOR THE PURPOSES OF SECTION 147(1) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, THE ISSUANCE OF NOT TO EXCEED $37,500,000 OF INDUSTRIAL DEVELOPMENT REVENUE BONDS BY THE FLORIDA DEVELOPMENT FINANCE CORPORATION TO FINANCE AN AIRPORT FACILITY LOCATED IN ST. LUCIE COUNTY ON BEHALF OF YOLO HOLDINGS FORT PIERCE LLC; AND PROVIDING AN EFFECTIVE DATE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS (THE "BOARD") OF ST. LUCIE COUNTY, FLORIDA: Section 1. declared: Findings and Recitals. It is hereby found, ascertained, determined and A. The Florida Development Finance Corporation (the "Issuer") was created by the Florida Development Finance Corporation Act, Chapter 288, Part IX, Florida Statutes (the "Act"), which provides, in part, that the Issuer may issue revenue bonds to finance projects in St. Lucie County, Florida (the "County"), for the benefit of approved Florida businesses to enhance the economic development of the State of Florida (the "State"), provided that the Issuer has entered into an interlocal agreement with the local governmental agency in which the project will be located; and B. Pursuant to this Resolution, the Issuer and the County will enter into an interlocal agreement, in substantially the form attached hereto as Exhibit A, dated as of the date hereof, pursuant to the Act and the Florida Interlocal Cooperation Act of 1969, as amended (to the extent that the exercise of such powers is consistent with the purposes of the Act), which agreement is in full force and effect, to permit the Issuer to issue revenue bonds to finance projects located within the jurisdictional limits of the County; and C. The Issuer intends to issue revenue bonds in an amount not to exceed $37,500,000 to finance or refinance the cost of acquiring, constructing, renovating, rehabilitating and improving leasehold improvements to certain airport facilities, including but not limited to an approximate 222,300 square foot airport facility leased by Yolo Holdings Fort Pierce LLC (the "Company") from the County and located at 2982 Curtis King Boulevard, Fort Pierce, Florida (the "Project"); and; and D. The Intemal Revenue Code of 1986, as amended (the "Code"), requires that the Board as the highest elected body of the County, approve the issuance of the bonds by the Issuer after a public hearing has been conducted; and E. Notice of a public hearing at this meeting, as evidenced by the attached Exhibit B, was given in the form and manner required by law, as published in The Port St. Lucie News, a ORL 1\PFCP\955824.2 3975310002 newspaper of general circulation in St. Lucie County, Florida on November 13,2007, affording interested individuals a reasonable opportunity to express their views both orally and in writing, on all matters pertaining to the proposed Project and the proposed issue of bonds; and F. The Issuer has represented to the County that it is desirable and in the best interest of the County that the Board approve the proposed bonds. Section 2. Approval of Bonds. Solely for the purposes of Section 147(f) of the Code, the Board hereby approves the issuance of the proposed bonds by the Issuer and the use of the proceeds to fmance the proposed Project to be located within the County. The Board makes no representation as to the creditworthiness of the Company or the feasibility of the Project. Section 3. Limitation. The bonds approved hereunder and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of the County, the State or any political subdivision or agency thereof but shall be payable solely from the revenue pledged therefor pursuant to a loan agreement and/or other financing agreement entered into by the Issuer prior to or contemporaneously with the issuance of the bonds. The approval given herein is solely for the purposes of Section 147(f) of the code and shall not be construed as an approval of any zoning application or any regulatory permit required in connection with such Project nor creating any vested rights with respect to any land use regulations, and this Board shall not be construed by virtue of its adoption of this Resolution to have waived, or be estopped from asserting, any authority or responsibilities it may have in that regard. Section 4. Repealing Clause. All restrictions or resolutions or portions thereof in conflict herewith are, to the extent of such conflict, hereby superseded and repealed. Section 5. adoption. Effective Date. This Resolution shall take effect immediately upon its PASSED AND ADOPTED this 27th day of November, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 2 ORL 1\PFCP\955S24.2 397531llOO2 EXHIBIT A FORM OF INTERLOCAL AGREEMENT [Attached] ORL 1\PFCP\955824.2 3975310002 EXHIBIT B NOTICE OF PUBLIC HEARING [Attached] ORl1\PFCP\955824.2 39753/0002 CONSENT AGREEMENT THIS CONSENT AGREEMENT (this "Consent Agreement") is made this _ day of , 2007, by and between St. Lucie County, a political subdivision of the State of Florida ("Ground Lessor") Volo Holdings Ft. Pierce LLC, a Delaware limited liability company ("Tenant") and UMB Bank, N.A. a national bank association ("Master Trustee "), as Master . Trustee under the Master Indenture (defined below). WITNESSETH WHEREAS, Ground Lessor owns and operates St. Lucie County International Airport located in the City of Fort Pierce in the State of Florida (the "Airport"); WHEREAS, pursuant to that certain Amended and Restated Lease Agreement dated October 10, 2000, by and between the Ground Lessor and B&E Houck Enterprises, Inc ("B&E"), as amended by that certain First Amendment to Amended and Restated Ground Lease dated September 12, 2006 and as further amended by that certain Ground Lessor Consent dated April 24, 2007, between the Ground Lessor, B&E and the Tenant and as further amended by Second Amendment to Amended and Restated Ground Lease of even date herewith (collectively, the "Ground Lease "), Tenant leases approximately 84.8249 acres of ground space (the "Leased Premises") from the Ground Lessor; WHEREAS, in connection with the issuance by the Florida Development Finance Corporation of Senior FBO Special Facilities Revenue Bonds, Series 2007 (Fort Pierce Project) (Volo Obligated Group), the Tenant will enter into a Master Trust Indenture, as amended by a First Supplemental Master Trust Indenture (collectively, the "Master Indenture") with Master Trustee and a group of affiliated entities (together with the Tenant, the "Obligated Group") each financing projects at various airports with bonds issued contemporaneously with the Bonds (the "Bond Financing"); WHEREAS, Tenant desires to encumber its leasehold interest in the Ground Lease by granting to Master Trustee a leasehold mortgage to secure the obligations of the Tenant and the joint and several obligations of the Obligated Group under the Master Indenture (together with the Bond Financing, the "Financing"); WHEREAS, Tenant has requested that Ground Lessor enter into this Consent Agreement with Tenant concerning the Financing; and WHEREAS, the Ground Lease provides that Tenant may mortgage its leasehold interest subject to obtaining the prior consent of Ground Lessor, which consent shall not be unreasonably withheld, conditioned or delayed, provided that, that any leasehold mortgage shall be specifically subject and subordinate to Lessor's rights under the Ground Lease. Now, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties below, intending to be legally bound, hereto mutually covenant and agree as follows: SECTION 1. CONSENT. A. Ground Lessor hereby consents, subject to the following terms and conditions, to the assignment and mortgaging of Tenant's leasehold interest to secure the obligations of the Tenant and the Obligated Group in connection with Financing. Ground Lessor hereby consents to the recording of the leasehold mortgage in connection with the Financing and agrees that Master Trustee is hereby deemed a "Lender" under the Ground Lease and shall succeed to all rights and interests of Merrill Lynch Mortgage Capital, Inc. as a Lender under the Ground Lease. B. The Financing shall not operate to release or discharge Tenant from any liability arising under the terms, conditions and covenants of the Ground Lease. C. The financing shall be a lien on Tenant's leasehold estate only, and shall not otherwise affect the fee title of the Ground Lessor and the interest of the lienholder shall be subject to rights and remedies of the Ground Lessor under the Ground Lease. D. The Financing shall be freely assignable to any commercial lending institution, and such assignment or assignments shall not be deemed to be in violation of any of the terms hereof. No mortgagee or beneficiary, as such, shall be deemed a Tenant or transferee of the Ground Lease or of the leasehold estate so as to require such mortgagee or beneficiary, as such, to assume the performance of any of the terms, covenants, or conditions on the part of Tenant to be performed hereunder. Section 2. MISCELLANEOUS. A. This Consent Agreement may not be changed, modified, discharged or terminated except in writing executed by Tenant, Master Trustee and Ground Lessor, its successors or assigns, expressly so doing. B. Ground Lessor does not have actual knowledge, as of the date hereof, of any existing default by reason of any act or omission of the Ground Lessor or Tenant, and Ground Lessor has no actual knowledge of any event that has occurred as of the date hereof that authorizes or, with the lapse of time, will authorize Ground Lessor to terminate the Ground Lease. C. This Agreement shall be binding on and inure to the benefit of Master Trustee, Tenant, Ground Lessor and their respective successors and assigns. D. This Agreement shall not be binding on any party hereto unless and until it has been executed by all parties hereto. This Agreement may be executed in counterparts, which when taken together, shall constitute one Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Consent Agreement to be executed by their duly authorized officers, as of the date and year first written above. - 2 - ST. LUCIE COUNTY, as Ground Lessor By: Name: Title: VOLO HOLDINGS FT. PIERCE LLC, a Delaware limited liability company, as Tenant By: Name: Title: UMB BANK, N.A. as Master Trustee By: Name: Title: - 3 - SECOND AMENDMENT TO AMENDED AND RESTATED LEASE AGREEMENT THIS SECOND AMENDMENT TO AMENDED AND RESTATED LEASE AGREEMENT ("Amendment"), made on _, 2007, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("Lessor"), and VOLO HOLDINGS FT. PIERCE, LLC, a Delaware limited liability company, ("Lessee"). WITNESSETH: WHEREAS, pursuant to that certain Amended and Restated Lease Agreement dated October 10, 2000, ("Original Ground Lease") as previously amended by that certain First Amendment to the Amended and Restated Lease Agreement dated as of September 12,2006 (the "First Amendment", and, together with the Original Ground Lease, the "Existing Ground Lease"), Lessor leases to the Lessee (as successor in interest to B&E Houck Enterprises, Inc.) certain land ("Original Leased Premises") and improvements located at St. Lucie County Intemational Airport ("Airport") on the parcel or parcels described on Exhibit A hereto; WHEREAS, the Existing Ground Lease provides that initial term of the Existing Ground Lease is forty (40) years form the commencement date as set forth therein ("Extension"); WHEREAS, Lessor and Lessee desire to amend the Existing Ground Lease (i) to terminate the initial term to twenty (20) years from the commencement date and to add a fair market renewal upon such date; NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Amendment and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, it is agreed between Lessor and Lessee as follows: 1. Recitals. The Recitals set forth above are incorporated herein by reference. 2. Definitions. Except as otherwise defined herein, all capitalized terms shall have the meaning ascribed thereto in the Original Ground Lease Agreement. 3 . Term. The first paragraph of Section 14 of the Extended Ground Lease is hereby amended and restated in its entirety to read in full as follows: The term of this Lease shall begin on the first day of the calendar month immediately following the date of this Lease (hereinafter referred to as the "commencement date"), and shall terminate twenty (20) years form that date (the "Initial Term"). The Lessee shall have the right to extend the term of this Lease for a period of twenty (20) years (the "First Extension Term") on the same terms and conditions set forth herein subject to Section 15.04 hereof; provided that (i) Lessee gives Lessor written notice of Lessee's election to extend the term of the Lease at least 180 days prior to the last day of the Initial Term, subject to the condition that the Lessee shall not be required to make the election to extend for the First Extension until the rent for such term has been determined and the Lessor has PID 316246224v3 1111312007 notified the Lessee of such rent in accordance with Section 15.04 hereof for the First Extension Term. The Lessee shall have the right to extend the term of this Lease for an additional period of forty (40) years ("Second Extension Term") after the end of the First Extension Term on the same terms and conditions as set forth herein (including provisions regarding adjustments to rent), provided the Lessee gives the Lessor written notice of Lessee's election to extend the term of this Lease at least 180 days prior to the last day of the initial term of this Lease. The Lessee's rights to extend the term hereof shall be subject to the conditions that the Lessee not be in default under this Lease (following expiration of applicable cure period) on the date of such notice and on the first date of the First Extension Term or Second Extension Term, as applicable. 4. Rent. The rent as set forth in Section 15 of the Lease with respect to (i) the Increase in Leased Premises shall be $.12 per square foot, and subject to future adjustment as set forth in Section 15, and (ii) the Amended Leased Premises less the Increase in Leased Premises shall remain the current rental rate based upon the amounts set forth in Section 15, as adjusted, subject to future adjustment as set forth in Section 15. 5. Subsection 15.04. Subsection 15.04 shall be amended and restated in its entirety to read in full as follows: 15.04. Rental Rate Review. The rental rate, as adjusted pursuant to subparagraph 15.03, for shall be subject to fair and non-discriminatory review and adjustment at the end of each twenty (20) year period from the date of execution during the term of this Agreement including any extensions. The Lessor shall base the adjustment on two appraisals and one review appraisal of the fair market rental value of the real property. The appraisals and review appraisal shall be conducted by appraisers who are designated members of a professionally recognized real estate appraisers' organization. The Lessor and the Lessee shall each be responsible for the selection and compensation of one of the appraisers. The parties shall jointly select the review appraiser and shall each pay one- half of the review appraiser's compensation. When such rental rates are established and approved by appropriate action of the Lessor, this Lease Agreement shall be considered amended, upon written notification by the Lessor to the Lessee of the establishment ofthe said rental rate applicable to the leased premises. The new rental rate shall be phased in on a pro- rata basis over five years. The rental rate shall continue to be subject to yearly adjustment in accordance with sub-paragraph 15.03 herein. In the case of the rent adjustment for the First Renewal Term, the rent shall be determined at lest 180 days prior to the expiration of the Initial Term. 6. Original Ground Lease. The parties hereby ratify and affirm the Original Ground Lease Agreement. All terms and conditions of the Original Ground Lease Agreement as amended hereby shall remain in full force and effect. 2 IN WITNESS WHEREOF, the Lessee has executed this Second Amendment to Amended and Restated Lease Agreement on this day of ,2007. Attest: VOLO HOLDINGS FT. PIERCE, LLC By: Name: Title: Title: Secretary STATE OF FLORIDA COUNTY OF ST. LUCIE ) ) BEFORE ME, the undersigned authority, personally appeared of V 010 Holdings Ft. Pierce LLC, who, being duly sworn, deposes and says that she has read and executed the foregoing instrument, on behalf of such corporation, on this _ day of ,2007. Notary Public State of Florida My Commission Expires: Type of Identification: Personally known: _ (Notary Seal) Driver's License: Other: 3 ..~ IN WITNESS WHEREOF, the Lessor has executed this Second Amendment to Amended and Restated Lease Agreement on this day of ,2007. Attest: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA Title: Deputy Clerk By: Name: Title: Chairman Approved As To Form And Correctness County Attorney STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) BEFORE ME, the undersigned authority, personally appeared , Chairman of the Board of County Commissions, S1. Lucie County, Florida, a political subdivision of the State of Florida, who, being duly sworn, deposes and says the he/she has read and executed the foregoing instrument, on behalf of such political subdivision, on this _ day of ,2007. 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A(ljr-Z-;cZ (JJ 0 c.... ",:t_lJlUl5il~(")>~ :;0 Z:u ",e ~(()A;J&3Z~ .... CZ QlZCDM>O!=J::;;f"" '" OCl .-...:s-CI1_~O " ",'" "," C".l.z~oc:~ Ui;1CD,." r- 0 ~ :00 ~~ N \O,....~C>;ofll:r " <>c ~o a:lQ~ a::::.' ~::i 0 '< c "'z "';I """'- '.. ::Q l""" e "tI VI:t: '" go .... ~aO>""QVI ~~:rg>NVl~Ml; "",. % z oz 00 lJJa!jlf,h "'-'" Z"''"'ffl:<: Cl 0 00 ~.E~~-I~ ~;:'''!:JZOOo I co ....'" -,- n/'TlrTl '" .,....'" 6~~cDM ~CJ1d:i>>d-1=>t'l'l n > '" '" I""I-....Ir- U1 OO~Z :z: ", z~~ VIp iji: ~fT1/T'1 2: 0 '" 0 > ;:;:",J:i:i8':lxoN '" z O::>8,:;;>:>"'""~ :i! ,.., :::1vt 'Om tTl ~::t .>C;:r. ,....4' :O~;CJTl :<" -< I 0." ~EIJ~ I:JIIlJ Kimley-Hom LEGAL DESCRIPTION OF PARCEL 3 aI\d Assodale~ Ioc. 11/17/0$ ST. LUCIE COUNTY INTERNATIONAL AIRPORT 20F2 @1lI6t~__.I.SSXIUa.JC. ~crl'lQ. ST. LUCIE COUNTY, FLORIDA .. l'I'" ~'...If _'oMtI.1l.IoO\ I\.laMO "011 (n2) ~1Ur 'U (7n) ~V1' 04"7'21017 --_....... ..- , N H'04'24"W ----..t 3274,28' ~ P.O.C. "LUCIEPORT 1989" PRIMARY AIRPORT CONTROL STA nON .. 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LUCIE COUNTY, FLORIDA fINtM:~n!l"'NI 'gm~,.,....n 0......72:1011 --... ..... \ N4+'Ot'Z4"W ~ \ P.O.C. ~ 'LUC:EPORT 1989' "' - PRIMARY AIRPORT Ji CONTROL STA 1l0N "' o cD ... " 3274.28' A "L'JCIEPORT~Z MK 1989" SECONDAR'f AIRPORT CONTROL STATION RUNWAY 14-32 { GRAPHIC SCALE '200 Q 100 20CI ~..~ '( .IN FEET ) Inch ~ 200 tL / 1450.50' I S44'5t'SS"E "8 ..--..-.,../> __n..'._t... .; '" -"'9:i~ir T AXIWA Y CHAAUE .___or"" ...'...fi__....j , ,.,-,' / ,. .'1:. ~ ;" '" en or Ul / '. ."'"-::.;;~;"'A.L : ~,!"'-....r,,-;~'?iT ./.-<..,' .~..___....____,_....__~ .....~._.._., ....~;4" ,'- c/J,cs i:lf" p .J.. ~:,t;\i~iH T ......._.._n_ "w '__~...~.~__.._'.~ -:F o :I: o W ~ ~ X ~ : !~'$i(RC'i( ~,:-~I'~ '-.:' '.:, Iw!!''-~'/<~. ~j ~i ;~i:,j ,'~f. ~~, .~ o ,. ."~~i w . . ~ 00 0" .(l) 00 V' vlf.) -or Z . l L. ! o ~ ~ ~ li " ~ ~ 3 , WI~",,~ iot-"'tDt."JIOC$" ~ CIf,Ul>-'" PeS ! 00C0:~.' tCO ~ PARCEL 7 PA.9CEL" a; .., '" 0> b " .. .. '."..:.1......'.. 0:. ! . ; ~~ i -~~ I ~ : ,................P.b.B. 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(ml w~n 044721017 _~OCIItU"M ~ " " ~. ;-. . -""~ GRAPHIC SCALE '00 0 ~_... - - ( IN FEET ) inch = 200 Il ..\, .. .,~"" ",. /~ '-/''';:'',1.) r ~<'.> . ~ '1',,0'. "1;- +. ~\, f. 'LUClEPORT AZ MK 1989' SECCNDARY AIRPORT CONTROL STATION PA.RCELll \, ~i,."..,.1 . j ! , '. ". .:1t;"'(!,.J ,.. /. .' \...., . , . J 1 P.il.ACEl 5 1 " '\ ". I '.. '-"/] ". ./' ,., I ., /"'~ ~...../ . /1!7 1~~:!:~___, a "'- : '.\---...-......--..- ~ L<:' - CENTERLINE - EOCE OF P"VEMENT PARCEL BOUNDARY = TAXIWAY POINT OF BECINNINC POINT OF COMMENCEMENT = SQUARE FEE T CENTERUNE r.c. POtfrrR.".s.J/. Na. !I.n- ...IE> ! .. .".. ~. 11I...., . .,., """"',;.. .. ...fo'l .f Ph. ~9rly --.." 11_ .... ffIVII. __ In}' ............. arM Ullrt: uw ... *~&lt ... ...led InHtf 1M mill.,.... r~ .,....,.. ~I llrffl .,. M. ~"...,.. ., ""____ t.-.I ~ .it o..hr '1t;1~f. IIwttttw ""..."",""" CHa. .---' I. 510:1..... >4n.Q.l1, ,..,.". st.fIll... ~ 11_' Ift.lr <*V..", ;. 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M :l"o~z", ~ :: ;;;;lJJ Or Z-l1Tl ::I :l; - 0 ",. t r2 ~;ofTI , "<'" -( X ~ 1CI(J: H/' tlI~ Kimley.Ham D'''' LEGAL DESCRI.'TION OF PARCEL 6 ~NUUItll ,'" ..Go" Pe3 am As~les, Inc. 11/1</0' I ~ lllUW11T I'CS @ iCm -.&T...... _ I.~.ua. f<. ST. LUCIE COUNTY INTERNATIONAL AIRPORT 2 OF 2 . ItROJECT~, .1 CMOm" [CO _ahtUll:r7;-..tI:.:toQ, --....ol,.I'\.JZMI ST. LUCrE COUNTY. FLORIDA .......(J?lIMtw.,... rlo'llTnl lUooi'ln 01-.J721Clf7 "'"-'"'-- ..... '" P.O.C. ___-- "LUCIEPORT 1989" PRI..ARY AIRPORT CONTROL STATION,~ .Cl". .Cl~ "'~ .~_m... /'~.:. '" -"".'- '". ,.:-:', 'F, "" .~. ..., L,:~*;..j ';;"i.. o.";~:,:2'J ' PARCE'... a ". " " '\.. fARCEL 6 GRAPHIC SCALE ~.....~ H i ( IN FEET ) Ineb. - 200 rt. / / ; / / .......--- _/...:__.,/....~ g ~ .r ~ g ~ :'c I ~ ~ Ii!. w:w.1:A.f.~OVil f Cfto,... 11' JtCS c: '--11' PC': f 0QtQ II'l' EID " r/w P.D.S. P.D.C. sa. FT. It. . CENTERLINE . EDGE OF PAV(MENT - PARCEL BOUNDARY : TAXIWAY POINT OF BEGINNING POIN r 0, COMMENCEMEN T . SOU ARE FEE T . 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"'''' 0" )> z ~..,z :r"'::i,;CDF' . ,:.n-< ,.,.,)> . r- tn a 1II-< 0 r- /'TlIZ""_ ~~~>~~x~~:: Vi 00::: '2" Ul:r"'''~Z .., :llz ." ~og>,.,~ ~~8~ ~~rwl :r~0l (IJ 0 ci~ U'lo :c z", U'l0::: ~~~~z6i Ra()~~~z,..,,,.,w ;;j '0" cZ _>l.II_,-"O :; 0,1j,,(i;0 '''' 0 "'''' ",0 ",z~oe:~ e;g::il",-<x~g:;J~ 0 ~g ~2 ~OOCDQ. rOo-..>(/). 8>.~ c "'z -<'" .J>~.z(T1,..,_ :<~z~5j~>~~fT1 " 00 -< . 0 ~ '"0 VI -.,> ~ (Il~glJ) ~~"tJ~o~nVJ~ Z c 02: " Z 0'" ;--::r~~-t;t "''''''''''''''''' ;;:\'" a ....", ~ o-tqo~M2 i! ""'Ol Cr.n ---1 N~ 1(1"" > "3:;n ", > 6-t~~rT1 >E~~~z~_~ Z ~ z~;2 ZITIO-..ZOl"1fJJ 0 '" 0 > Cltnro;;::on>z ~ " :z o"'I2MC!g~o ... ", ,.,~ ~'" :41:i! I -4 fTIa 0,.." ." -. rI-~ Ki'IlJey-Han OAJ[ !itE'[T MJW8f;1I ~ LEGAL DESCRIPTION OF PARCEL 8 -"'>OS - 8lld Assodalss, Ine. lI/n/05 ST. LUCIE COUNTY INTERNATIONAL AIRPORT 2 OF 2 --... >OS _~M~~~-"~~~ ,.1lQ.l[CT HO. ST. LUCIE COUNTY, FLORIDA _ClGtP., [al "IOCrntl :1411-.... 'All{TnJi_:t-_" 0"'4721017 ~L.I... 1 .-.---.---.....-.. ~ ~ !3 I ___ rt~l ~.. 0 ---}-b~"It III 'ii I&Ie\H/ :.: ,_ ll-.._J}" ,. '-l~. .... -1 ' -l!~ 1 - r----' I I . . "___I I . I I _ _ -4-_____.J I . ---+--..--., : 1 r----'r :-.-, l-L:.._:: ~_:__ lr~. ; . _...___-1" \_a_.a r~~ f .a ~ I...~ l~'" 's:' TAXM... r "CUAIIt1r- d~ ij~l~ Illf" I. ; -=: ' " " a ;'.- 1 .. . HI~:I' ~lli!~li, ij',fl';'; "I-JI I.; 'I '\!II d: II : : ! \ ~ . .....I..,.~ _. ... "]'t"I~, ~q .~."'r~ ~~r:rE'?i ll'"' f I' 1" - ;II jl r~' I' ....1 "&IMP:r1I......ea............r..,.......II..........., ~~;~r'rrr~~f'~~r~ I IJl ~ I (\ ~ I ~'lJI!I'ly...~~....IQn1lt'tIIlII..-1l... lPI:P.lIl~'Il\lIlll'" till' 1IIrl' tl;i~nl'! i r'l' bi~1. I. ii tl' fi~ :;Ijjlr.: i f '1' rf. a I PI.~JI f I' I, "II? I . ~~~~ ~; ~ .! ' ~ ! ~ -~ VELCON GROUP INC. ENOINURS a IUll'VEYOR!I '<OJ ~,.... ,.....l! "". '\oiI;'" lIl..V\> MItt '.1 U.lCot. ~L'''''11.!o V~~~ =~~~~;.~ _ IU':VIS~~"i . F- F';-.-.' t I i I. HANGARS IN TAXIWAY PROJECT FOR ADAM HOUCK AT S.L.C, INTERNo!.TlONAL AIRPOR BOUNDARY & TOPorRAPHIC SURVEY ,"'.M_ ........ - _._--' i3; 'j Iii ei!~ ll~i :;~ I ~j ~ '; ji :l~~;~~ l~i Ii . i i:fl !.;~ ~i i ~~ 11 ~ ,l ,~:'~~ ~"'I e. ~~ ~:I i ! "J ~l ./' j~ d"Ql~Yt I:, " al" i~d :~I~ i' " ji II Ill! l~':~~ l~~ ~ ~t~ .d~ t~' ~ 1 I' l ; i, l~\! I~l I (,~ f(~ 'I~ j': 1 ~ ~ ~l \, I~t. I. ; I, ~,.l~ 1~~1 .'~,. il liA~~ 31 . I.'~ .. I ~. X .' ~ ~ lk 4' I~~ d.! tJ ! ! 5 hi~ Hi ~ .J. '.l fl ~ I ,'1 l I ~ '.b i ! I: ,": 1: ~. I' j . ! I,',. I' ~ - 1'- ".. . , ~ l I'~;' ~ . Il4 '" ~~ : ~ ' I ~'" jr" ~ . .. u ~ J . 10. . I . .. .- {,. II . I I!'!~ l, I ~ (I. · ,. . ! ., l ! ~~ 3 U' ~l e , .. . ~:~ l~ ! ~ ~ I r.h I, 'I f ~~ ~:i . 1 l'"l ,,~~~ b 1 . I., ~ ., ~ .~ I ll~ . ~). ",'" I ,. "..' · I" · -.:' .: ~ i ;1; I '. I " .!....{. . > ~ )' '. ' . I~ 5ij 2 1 la' . ~~ \l II ".II 111: ~"oJ ~ l , i P I ~ll-'i ; P I'; · . I'; ~ I; I' .\' · HI P .\l . k I"" ~ t.. I r" .,. ~ . I Ii" ~.' ," I ~ t; f~ -. . "I, .. j I H i ~!! n: ~ ~ i ~\ l ~ ~ . ,- II: -+--- ,..;....,...._- . ~ ~ i . ;; ~."I~ '-1;" " ;\':1 ~~:'I LEGAL DESCRIPTION: ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYlNG AND BEING IN SECTION 30. TOWNSHIP 34 SOUTH, RANGE 40 EAST OF THE TAlLAHASSEE 8,o1.SE MERIDIAN, ST. LUCIE COUNTY, F'c.OR!DA, THE 8EARINGS CONTAiNED IN THIS LEGAL DESCRIPTION ARE BASED UPON ST.b,TE PLANE GRID NORTH, THE DISTANCES RE"'ER TO GROUND DIS~A.NCES, SAiD LANDS BE!NG MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: COMMENCING FOR REFERENCE AT THE NATIONAL GEODETIC SUR\IEY PRIMARY AIRPORT CONTROL STATION STAMPED "LUCIEPORT 1989"; THENCE, BEARING SOUTH 45"08'02" WEST, A DISTANCE OF 746.05 FEET TO A POiNT ON THE CENTERWNE OF TPV:.iWAY CHARLIE; THENCE, 8EARING SOUTH 44.5"58" EAST, ALONG SAID CENTERLINE, A DISTANCE OF 1893,52 FEET TO A POINT; THENCE, LEAVING SAID CENTERLINE, BEARING SOUTH 45"08'02" WEST, A DISTANCE OF 493,91 FEET TO THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE. CONTINUE SOUTH 45'08'02" WEST, A DISTANCE OF' 976.41 FEET TO A POINT; THENCE, BEARING NORTH 44.36'06" W, A DISTANCE OF 265.57 FEET TO A POINT THAT IS 93 FEET FROM, />S MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF TAXIWAY ECHO: THENCE, BEARING NORTH 45"28'18- EAST, ALONG A UNE THAT IS 93 FEET SOUTHEASTERL.Y OF AND PARALLEL WiTH SAID CENTERliNE OF TAXIWAY ECHO. A DISTANCE OF 1376,1j FEET TO A POINT THAT IS 93 FEET FROM. AS MEASURED AT R:GHT ANGLES TO, THE CENTERliNE OF TftXlWAY CHARliE; THENCE, BEARING SOUTH 44"51 '58~ EAST, ALONG A LINE THAT IS 93 FEET SOUTHWESTERLY OF A."iD PARALLEL WITH SAID CENTERLINE OF TAXIWAY CHARLIE, A DISTANCE OF 138.57 FEET TO A POINT THAT IS 93 FEET FROM, AS MEASURED AT RiGHT ANGLES TO, THE CENTERUNE OF T.4.XIWAY DELTA; THENCE, SEARING SOUTH 4S"25'5GN 'NEST, ALONG A liNE THAT ~S 93 FEET NORTHWESTERLY OF AND PARAL,-EL 'tilTH SAID CENTERliNE OF TAXffiAY DELTA. A DISTANCE OF' 400,91 FEET TO A POINT; THENCE, BEARING SOUTH 44".Q '58" EAST, A DISTANCE OF 12 j .07 FEET TCl THE POINT OF BEGINNING. THR ABOVE DESCRIBED PREMISES CON7AiNS AN AREA OF 312,C46 SQUARE FEET OF 7,61 ACRES, MORE OR LESS, SUBJECT TO AL.L EASElAENTS. CONDITIONS. "ND RESTRICTIONS AS CONTAiNED 'NiTHIN THE CHAN OF TILE, AGENDA REQUEST ITEM NO. C-2D DATE: November 27,2007 REGULAR [] PUBLIC HEARING [] CONSENT [Xl PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): County Attornev Mark Godwin SUBJECT: Continue funding for a Forensic Case Manager for Mental Health Court. The Mental Health Court (MHC) hears cases that are both misdemeanors and felonies. As of to day's date, 272 clients are in the Mental Health Court in lieu of being held in the County Jail. The goal of Mental Health Court is to provide services along with resources for mentally ill defendants involved in the criminal justice community. BACKGROUND: A Case Manager is a key position in diverting the mentally ill from the County Jail into community resources via the Mental Health Court. This position helps defendants with mental health evaluations, doctor appointments, along with continual contact with this specialized group of defendants. This position also helps the mentally ill defendants solve their day-to-day issues. According to New Horizons, at lest 20% of the inmates in the jail are considered to be mentally ill with most being prescribed psychotropic medications. Approximately 75% of the inmate population has a substance abuse disorder. The penetration rate into the county jail is at least 64% greater for those with a mental or substance abuse disorders. FUNDS AVAIL. : $65,000.00 IAcct. 107-2360-581030-200 (Budgeted - Criminal Justice Programs) PREVIOUS ACTION: The BOCC funded this same position in 06/07 for $65,000.00 RECOMMENDATION: Staff recommends the Board deem New Horizons as a sole source provider and enter into a contract with New Horizons for staffing the Forensic Case Manager position that works in the Mental Health Court. This contract would be from 10/1/07 thr 9/30/08. COMMISSION ACTION: ~l APPROVED [] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: County Attorney:_X Originating Departmend11:.-fcMl'\ only, if applicableX ~ Coord ination/Si~lOatu res Management & Budget_X Purchasing: Other: Other: Finance: Check for copy CONTRACT THIS CONTRACT, made this day of 2007, between ST, LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and NEW HORIZONS OF THE TREASURE COAST, their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR", WITNESSETH: WHEREAS, the County desires to retain the services of the Contractor to provide a full-time forensic case manager; and WHEREAS, the Contractor desires to provide the County with such services; and WHEREAS, the Contractor is a sole source provider for this service; NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties intending to be legally bound, hereby agree as follows: 1. PURPOSE That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the Work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the Contract Documents, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the Work to be done under this Contract. 2, GENERAL DESCRIPTION OF WORK It is agreed that the Work to be done under this Contract is to provide a full-time forensic case manager as set forth in the Summary attached hereto and made a part hereof. Any conflict between the terms and conditions of the Summary and the terms and conditions of this Contract, shall be interpreted in favor of this Contract. 3, PROJECT MANAGER The Project Manager for the County is Mark Godwin at (772) 462-1441. The Project Manager for the Contractor is Tom Lane at (772) 468-5601. Page 1 of 14 The parties shall direct all matters arising in connection with the performance of this Contract, other than notices, to the attention of the Project Managers for attempted resolution or action, Except as otherwise provided for in this Contract, the Project Managers shall be responsible for overall resolution or action, The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. The Project Manager, however, has no authority to approve or execute Change Order Work. 4, TERM The term of this Contract shall start on October 1, 2007 and terminate on September 30, 2008, 5, CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the County and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, consisting of pages 01 through 13 inclusive, B, Summary, consisting of one page C, Insurance Certificates which shall be provided by the Contractor, along with the return of an executed copy of this Contract. D. Any Modifications, including change orders, duly delivered after execution of this Contract, Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents shall be interpreted in favor of this Contract. 6. REPORTS AND RECORDS A. The Contractor shall maintain during the term of this Contract, all books of account, reports, and records customarily used in this type of operation and such records as are necessary to document its activities pursuant to this Contract, The form of all such records and reports shall be subject to the approval of the Contract Manager or his designee prior to commencement of operations, and subsequent recommendations for changes, additions, or deletions. B. On or before the twentieth (20th) day following the end of each calendar month throughout the term of this Contract, the Contractor shall furnish to the Contract Page 2 of 14 Manager or his designee a report of all persons processed through mental health court that received the services of the forensic case manager the preceding calendar month, on forms approved by the Contract Manager or his designee, This report shall be signed by the Contractor certifying to the accuracy, C. All records of the Contractor necessary to verify the report set forth herein shall be available to the Contract Manager or his designee and the County's auditors at a reasonable location in St, Lucie County, Florida, for a period of five (5) years after the end of any Contract year, 7. CONTRACT PAYMENT The Contractor shall provide all services described at a cost of sixty-five thousand and 00/100 ($65,000.00) dollars, This total cost shall include all equipment, supplies, insurance, and all salaries or other compensation for the Contractor's employee. Payment shall be made on a quarterly basis in equal installments of sixteen thousand two hundred fifty and 00/100 ($16,250,00) dollars, The first payment shall be due within thirty (30) days of the date this Contract is approved by both parties, The remaining payments shall be due on or before January 15, 2008, April 15, 2008 and July 15, 2008, 8, PUBLIC CaNT ACT OF CONTRACTOR'S EMPLOYEES Contractor's employees in contact with the public shall perform their duties in an efficient and courteous manner. Failure of an employee to do so shall be grounds for the County Administrator or his designee to demand his or her removal from duties, All employees, with the exception of the project manager shall be appropriately attired so as to be distinguishable as the Contractor's employees. 9, SUBCONTRACTORS In the event Contractor requires the services of any contractor or professional associate in connection with the Work to be performed under this Contract, the Contractor shall secure the written approval of the County Project Manager before engaging such contractor or professional associate. 10. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have acceSS to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Page 3 of 14 Contract, The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments, All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 11. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. 12. CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. The Contractor shall bear all losses resulting to him, or its, on account of the amount or character of the Work, in or on which the Work is done is different from what was assumed or expected, including, but not limited to hurricanes, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the Contractor has become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents, Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work or equipment of the Contractor. The Contractor assumes all risk of loss, damage and destruction to all of his or its, materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, Page 4 of 14 including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract, 13. PERMITS AND LICENSES Contractor shall obtain, at its own expense, all permits and licenses required by law or ordinance and maintain same in full force and effect. 14, INDEMNITY Contractor agrees to pay of behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "County"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractor's performance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations hereunder, or the performance, non- performance or purported performance of the Contractor of any breach of the terms of this Contract; provided however that Contractor shall not be responsible to County for damages resulting out of bodily injury or damages to property which Contractor can establish as being attributable to the sole negligence of County, its respective agents, servants, employees or officers. Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. This indemnification and hold harmless survives acceptance of the Work. This clause of the Contract will extend beyond the term of the Contract for a period of ten (10) years after the date of the acceptance of the Work by the County. Page 5 of 14 15, INSURANCE Commercial General Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability insurance to include: 1) All Risk Property Insurance: One million dollars ($1,000,000,00) per occurrence and one million dollars ($1,000,000.00) in the aggregate. Full replacement value is required and 2) Commercial General and Property Liability and Professional Services Liability: One million dollars ($1,000,000,00) per occurrence and three million dollars ($3,000,000,00) in the aggregate. Business Automobile Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured, Workers' Compensation and Employers Liability: The Contractor shall maintain and, prior to commence of this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $1,000,000 for accidents or disease, The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal. 16, DEFAULT: TERMINATION A, FOR CAUSE If the Contractor fails to fulfill its obligations under this Contract in a timely and proper manner, the County shall have the right, but not the obligation, to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency, If the Contractor fails Page 6 of 14 to correct the deficiency within the seven calendar day period, this Contract shall terminate at the expiration of that time period, With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail to supply enough employees or proper material to meet the demands or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the Work. (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract, (4) Fails to perform any of the terms of this Contract or performs work which fails to conform to the requirements of this Contract. (5) Notwithstanding the foregoing and as supplemental and additional means of termination of this Contract under this section, in the event that Contractor's record of performance shows that Contractor has frequently, regularly or repetitively defaulted in the performance of any of the covenants and conditions required herein to be kept and performed by Contractor, in the opinion of County and regardless of whether Contractor has corrected each individual condition of default, Contractor shall be deemed a "habitual violator", shall forfeit the right to any further notice or grace period to correct, and all of said defaults shall be considered cumulative and collectively, shall constitute a condition of irredeemable default. The County shall thereupon issue Contractor a final warning citing the circumstances therefor, and any single default by Contractor of whatever nature, subsequent to the occurrence of the last of said cumulative defaults, shall be grounds for immediate termination of this Contract, In the event of any such subsequent default, County may terminate this Contract upon the giving of written final notice to Contractor, such cancellation to be effective upon the fifteenth consecutive calendar day following the date of the final notice, and all contractual fees due hereunder plus any and all charges and interest shall be payable to said date, and Contractor shall have no further rights hereunder. Immediately upon receipt of said final notice, Contractor shall proceed to cease any further performance under this Contract. Page 7 of 14 (6) In the event of the aforesaid events specified in sections (1), (2), (3), (4), and (5), hereof and except as otherwise provided therein, termination shall be effective upon the date specified in County's written notice to Contractor and upon said date this Contract shall be deemed immediately terminated and upon such termination all liability of the County under this Contract to Contractor shall cease, and the County shall have the right to utilize the Performance Bond and shall be free to negotiate with other contractors for the operation of the herein specified services, For failure to perform, Contractor shall reimburse the County all direct and indirect costs of providing interim service. B, Contractor recognizes that the failure on the part of Contractor to comply with the terms of this Contract is likely to cause irreparable damage to the County and damages at law would be an inadequate remedy. Therefore, Contractor agrees that in the event of a breach or threatened breach of any of the terms of the Contract by Contractor, the County shall be entitled to an injunction restraining such breach and/or to a decree of specific performance, without showing or proving any actual damage, together with recovery of reasonable attorneys' fees and costs incurred in obtaining said equitable relief until such time as a final and binding determination is made by the court, The foregoing equitable remedy shall be in addition to, and not in lieu of, all remedies or rights which the County may otherwise have by virtue of any breach of this Contract by Contractor. The County shall be entitled to seek injunctive relief without the posting of any bond or security to obtain the entry of temporary and permanent injunctions and order of specific performance enforcing the provisions of this Contract, The County shall also be able to seek injunctive relief to prohibit any act or omission by Contractor or its employees that constitutes a violation of any applicable law, is dishonest or misleading. Contractor expressly consents and agrees that the County may, in addition to any other available remedies, obtain an injunction to terminate or prevent the continuance of any existing default or violation, or to prevent the occurrence of any threatened default by Contractor of this Contract, (C) WITHOUT CAUSE The County may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the Contractor, Upon such termination, the Contractor waives any claims for damages from the termination without cause including, without limitation, any and all consequential claims as set forth above, and as the sole right and remedy of the Contractor, the County shall compensate the Contractor for all authorized Work satisfactorily and responsibly completed through the termination date, Page 8 of 14 17. PROHIBITION AGAINST CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Contractor, to solicit or secure this Contract, and that he has not paid or agreed to pay any persons, company corporation, individual or firm, other than a bonafide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Contract, 18. NON DISCRIMINATION Contractor covenants and agrees that the Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 19, VERIFICATION OF EMPLOYMENT STATUS The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA"), The County shall consider the employment by the Contractor of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County. 20. ASSIGNMENT No assignment or subcontract of this Contract or any right occurring under this Contract shall be made in whole or in part by Contractor without the express written consent of the Board. Assignment shall include any transfer of 20/0 or more of stock or control in Contractor. The Assignment shall also include the failure of the Contractor's Prpject Manager to continue to actively participate in either this Contract or the Company. The Board shall have full discretion to approve or deny, with or without cause, any subcontract, any proposed assignment or assignment by Contractor, Any assignment or subcontract of this Contract made by Contractor without the express written consent of the Board shall be null and void and shall be grounds of the Board to declare a default of this Contract, and immediately terminate this Contract by giving written notice to Contractor, and upon the date of such notice this Contract shall be deemed immediately Page 9 of 14 terminated, and upon such termination all liability of the County under this Contract to Contractor shall cease and Contractor shall be deemed to have failed to perform its obligations under this Contract, and County shall have the right to require performance or indemnification from any surety and shall be free to negotiate with other contractors or any other person or company to provide service to the County Urban Service Area. In the event of any assignment with the consent of County, the assignee shall fully assume all the liabilities of Contractor, provided, however, that such assignment and assumption shall not relieve Contractor of any liability or responsibility under this Contract, 21. NOTICES All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: With A Copy To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft, Pierce, FL 34982 St, Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As To Contractor: New Horizons of the Treasure Coast 4500 W. Midway Road Ft, Pierce, FL 34981 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 22. NON-WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. Page 10 of 14 23, CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112,311, Florida Statutes (2007) and as may be amended from time to time. The Contractor further represents that no person having any interest shall be employed for said performance, The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of Work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor, The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract, 24. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager, At all times, the Contractor shall carryon the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or. its representatives, pending a final resolution of the dispute, including. if necessary, any determination by a Court of competent jurisdiction. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, So grossly erroneouS as to necessarily imply bad faith, or not be supported by substantial evidence. Page 11 of 14 25, MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St, Lucie County, The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 26 INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the partie$ with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be exclusively in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Contract in counterparts each of which shall be treated as an original upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 12 of 14 WITNESSES: ,~ ~ -f? / ,c '~',-JI j- .-"-'" . -~ F~ G: \A TTY\AGREEMNT\New Horizons-Mental Health-Jail-07-08,wpd NEW HORIZONS OF THE TREASURE COAST .~ Page 13 of 14 SUMMARY A full-time forensic caSe manager will be assigned to the mental health court and will have overall responsibility relevant to coordinating treatment and services for mental health court participants, This will include working with individual mental health court participants and with other mental health providers, This case manager will provide regular updates to the mental health court judge, A comprehensive mental health clinical needs assessment will be completed for participants and an individually tailored treatment plan developed based on strengths, needs, abilities, and preferences, An array of services and supports including case management, medication management, supported living, employment, education, and housing opportunities, as well as peer supports, The goal will be to assist participants to be fully integrated as successful citizens in our community, and to support their continued recovery. Successful graduation from the mental health court program may result in dismissal of criminal charges when appropriate, The County project manager will be provided with a report of all active participants, This report will identify the participants who have been directly removed from the St, Lucie County Jail. The project manager will also be given a criminal Recidivism Report which will identify new arrests or charges on all successful defendants who graduated from the Mental Health Contract Program on a quarterly basis, G: \A lTY\AGREEMNT\New Horizons-Mental Health-J ail-07 -08,wpd Page 14 of 14 AGENDA REQUEST ITEM NO, C 2E DA TE: November 27, 2007 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mark Godwin SUBMITTED BY(DEPT): County Attorney DanielS, McIntyre SUBJECT: Continue funding request for Mental Health/Substance Abuse wrap around service provided by New Horizons of the Treasure Coast, Funds to support costs and mental health/substance abuse services for persons involved with the criminal justice system, The objective of the services would be to provide alternatives to incarceration via the Mental Health Court, and to shorten the time for incarceration of persons who meet criteria, BACKGROUND: Currently, 272 Clients are participating in the Mental Health Court, with the potential savings of $1,799,166,00 if they were incarcerated prior to trial. FUNDS AVAILABLE: $481,800,00 (budgeted under Criminal Justice Programs - Acct, # 107-2360- 581030-200) PREVIOUS ACTION: B,O,C,C, funded in 2006/2007 $481,800,00 for the same services, RECOMMENDA TION: Staff recommends the Board deem New Horizons as a sole source provider, and enter into a contract with New Horizons for services, Mental Health Court provides the "gatekeeper" function and provides accountability. The cost for incarcerating a mentally ill inmate in the County jail is approximately $125,00 per day, COMMISSION ACTION: CONCURRENCE: ~Ln County Administrator ~J APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: Originating Dep~.J~i~ Jy' Review and Approvals Management & Budget Purchasing: Public Works Dir: County Eng.: Finance: (Check for copy only. if applicable) Eff,5/96 New Horizons OF THE TREASURE COAST, INC, " " ~.... ;' ~. , .;.,.' "'-' ' ~ .. October 17,2007 Mark Godwin Criminal Justice Coordinator St. Lucie County Attorney's Office 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 Re: FY 07/08 Jail Diversion Contract Dear Mark, Enclosed please find five sets of original contracts signed by John Romano, CEO, I have also enclosed a copy of our current Certificate of Liability Insurance listing St. Lucie County Board of County Commissioners as a certificate holder as per the contract. During FY 07/08 we anticipate the continued collaboration with Plant a Seed Ministry and Life on the Way Ministry in providing supportive living (transitional housing) services to Mental Health Court participants, Please let me know if this meets with your approval. Please return a fully executed copy of the contract at your earliest convenience, If there are any questions please feel free to contact me at (772) 468-4079. We appreciate the opportunity to serve the St. Lucie County Board of County Commissioners and residents in this capacity. Sincerely, PZu~/ ~0--.- Julie Dolan Director of Administrative Services ~1(HiLDRiN S 'FAMILIES Administrative Offices. 4500 W. Midway Road' Fort Pierce, Florida 34981-4823 (772) 468-4078 . Fax (772) 468-5606 ~., ~ ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMiOOlY'fYY) rM. , 1010912007 PRODUCER PhOne; (772) 5e2<~Jeg Fml" V7?,) SS2S466 THIS CE,,~TIF1CATE IS ISSUED AS A MAnER OF INFORMATION HILB ROGAL & HOSBS OF FLOr~IDA, INC. . VERO BEACH ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2045 14TH AVE, HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POBOX130 Al TER THE COVERAGE AFrORDEO BY THE: POLICIES BELOW. VERO SEACH FL 32961 INSURERS AFFORDING COVERAGE NAIC# ^----< ~_..._----" INSURED INSURER A:. Lexington Insurance Company -..-. NEW HORIZONS OF THE TREASURE COAST, INC, INSURER B' lI!in~is Natio,!aIJ,,-surance Company 4500 W, MIDWAY RD, INSURER C: FT. PIERCE FL 34981 IN"IJ.RER D: .. INSURER E: COVERAGES TH!! POLICIES Of !NSURANCE LISTED 8H.OW HAVE EiEEN ISSUED TO THE INSUREO NM.1ED ABOVE FOR THE POLICY PERIOD IND!CATED, NOnVm--lSTANDING ANY REQUtREMfNT, TeRM OR CONOITION OF ANY CONrRACT OH OTHFR DOCUMENT WITH RESPECT TO liVH1CH THIS CfRTIFlCATE MAY aE ISSUED on. ~J\Y PERTMN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUOJECT 10 ALL THE TERMS. EXCLUSIONS AND CON01TIONS OF SllCH POLICIES ACG.REGA.TE LIMITS Sl1O\/VN t.l.AY HAVE BEeN REDUCED SY PAID CLAIMS 1NSpt; AOC1.. LTR ;INSRD TYPE OF iNSURANCE GENERAL LIAB1UTY X COMMEHC1Al GENERAL LlA8tll fY ClAIMS MAO!~ X OCCUH POLICY NUMBER 41 LX54539463000 L.IMITS A EACH OCCURRENCE QA.*MGF. TO RENTED PR:EM1~ES. ~ll ~C""I:r~) MEQ. EXP IAny::me person) $ $ $ $ $ $ 1,000,000 200,000 .10,000 1,000,000 3,000,000 3,000,000 FERSONAl. & AfJV INJURY GCNEAAI.AGGREGATE "f{OOUC'lS~COMP!OP AGG 06CA52675934000 04124107 04/24108 COMBINED SiNGLE LIMn {Ei')Oc::.II::Mrtl 1,000,000 B All OWNED AUTOS SCHEOULED AUTOS H'RED Al'TOS NON-OWNED AUTOS BODILY INJURY (Por persoN BODILY INJURY {Per a~cident} $ PROPERTY DAMAGE S (Por aoodent) mY AUTO AUTO OI';1L 'f., ~,.E~ ,ACCIDENT $ EA ACC $ AGO $ OTHER THAN AUTO ONll': : EXCESS I UMBRELlA LIABIlITY X OCCUR CLAIMS MADE Bs 06UD56874092000 04124107 04/24/08 S 1,000,000 1,000,000 Itye.'J,dc!u:riblt'um:le-r SpeCIAL PROVISIONS tI<<ktW EL DISEASE-POLlCY liMIT S OTHER: PROFESSIONAL LIAllIL1TY 41 LX545394G3000 04124/07 04/24108 $1000000 CLAll\ll/$3000000 AGGREGATE PHYSICAL ABUSE AND SEXUAL MISCONDUCT $250,000CLA1M/$500,OOO DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDEO BY ENDORSEMENTI SPECIAL PROVISIONS JAIL DIVERSION PROGRAM. ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS IS NAMED AS ADDITIONAL INSURED ON GENERAL LIABILITY, A CERTIFICATE HOLDER ST LUCIE COUNTY BOARD OF COUNTY COMMISS10NERS 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982 CANCELLATION SHOUI.D ANY OF TljE A6WE OESCRIBED POLICIES BE CANCELLED 6EFORE 'fHE EXPIRATION DATE THEREOF, THE ISSUiNG INSURER Wltl t:::NDcAVOH 10 MAlL Hi DAYS WRITTEN NOTICE TO THE CERTIFICATE HOIX:ER NAMED TO THE lEFT, BUr fAltJJRf TO DO SO SHALL IMFOSE NO OBLIGATION OR lIASll I1Y OF ANY KIND UPON neE INSUliER. ITS I,CENTS 011 HEl'RESfNTATIVES AUlHORllED REPRESENtATIVE Attention: ACORD 25 (2001108) Certificate # 108749 CONTRACT THIS CONTRACT. made this day of 2007, between ST. LUCIE COUNTY. a political subdivision of the State of Florida, hereinafter called the "COUNTY", and NEW HORIZONS OF THE TREASURE COAST, their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR", WITNESSETH: WHEREAS, the County desires to retain the services of the Contractor to provide in- patient mental health/substance abuse and co-occurring disorders services to persons who would otherwise be incarcerated in the County jail: and WHEREAS, the Contractor desires to provide the County with such services; and WHEREAS, the Contractor is a sole source provider for this service; NOW. THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties intending to be legally bound, hereby agree as follows: 1. PURPOSE That, Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the Work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the Contract Documents, and to the satisfaction of the duly authorized representatives of St, Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the Work to be done under this Contract, 2, GENERAL DESCRIPTION OF WORK It is agreed that the Work to be done under this Contract is to provide an array of community-based services to include medication management, case management, supported living, supported employment, and substance abuse services for both males and females who would otherwise be incarcerated in the County jail. The Contractor may also provide housing support via financial subsidies for eligible individuals, 3, PROJECT MANAGER -1- The Project Manager for the County is Mark Godwin at (772) 462-1418, The Project Manager for the Contractor is John Romano at (772) 468-4073, The parties shall direct all matters arising in connection with the performance of this Contract, other than notices, to the attention of the Project Managers for attempted resolution or action, Except as otherw ise provided for in this Contract, the Project Managers shall be responsible for overall resolution or action, The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract, The Project Manager, however, has no authority to approve or execute Change Order Work, 4, TERM The term of this Contract shall start on October 1,2007 and terminate on September 30,2008, 5. CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the County and the Contractor are attached hereto and made part hereof and consist of the following: A, This Contract, consisting of pages 01 through 12 inclusive, B, Insurance Certificates which shall be provided by the Contractor, along with the return of an executed copy of this Contract. E, Any Modifications, including change orders, duly delivered after execution of this Contract, Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents shall be interpreted in favor of this Contract, 6, REPORTS AND RECORDS A, The Contractor shall maintain during the term of this Contract, all books of account, reports, and records customarily used in this type of operation and such records as are necessary to document its activities pursuant to this Contract, The form of all such -2- records and reports shall be subject to the approval of the Contract Manager or his designee prior to commencement of operations, and subsequent recommendations for changes, additions, or deletions, B, On or before the twentieth (20th) day following the end of each calendar month throughout the term of this Contract, the Contractor shall furnish to the Contract Manager or his designee a report of all persons placed in a treatment center during the preceding calendar month, on forms approved by the Contract Manager or his des ignee, This report shall be signed by the Contractor certifying to the accuracy, C, All records of the Contractor necessary to verify the report set forth herein shall be available to the Contract Manager or his designee and the County's auditors at a reasonable location in St. Lucie County, Florida, for a period of five (5) years after the end of any Contract year. 7, CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and completion of the project in accordance with the Contract Documents, Thirty-three ($ 33,00) dollars per day per participant not to exceed four hundred and eighty-one thousand dollars ($481,000.00). Monthly invoices shall be presented to the County for payment on a Request for Payment form approved by the County, The County shall pay the Contractor through payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of the Florida Statutes, Chapter 218,70, upon receipt of the certified invoice from the County Project Manager, The parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. 8, PUBLIC CONTACT OF CONTRACTOR'S EMPLOYEES Contractor's employees in contact with the public shall perform their duties in an efficient and courteous manner. Failure of an employee to do so shall be grounds for the County Administrator or his designee to demand his or her removal from duties. All employees, with the exception of the project manager shall be distinctively uniformed or appropriately attired so as to be distinguishable as the Contractor's employees, 9. SUBCONTRACTORS -3- In the event Contractor requires the services of any contractor or professional associate in connection with the Work to be performed under th is Contract, the Contractor shall secure the written approval of the County Project Manager before engaging such contractor or professional associate, 10, AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract, The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit exam ination not to constitute allowable costs under this Contract, The Contractor shall refund by check payable to the County the amount of such reduction of payments, All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is Sooner, 11, PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract, 12, CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County, Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract, The Contractor shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. The Contractor shall bear all losses resulting to him, or its, on account of the .amount or character of the Work, in or on which the Work is done is different from what was assumed or expected, including, but not limited to hurricanes, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by -4- the Contractor is a representation that the Contractor has become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work or equipment of the Contractor, The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees ar agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 13, PERMITS AND LICENSES Contractor shall obtain, at its own expense, all permits and licenses required by law or ordinance and maintain same in full force and effect, 14, INDEMNITY Contractor agrees to pay of behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "County"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractor's performance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract; provided however that Contractor shall not be responsible to County for damages resulting out of bodily injury or damages to property which Contractor can establish as being attributable to the sole negligence of County, its respective agents, servants, employees or officers, -5- Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities, Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant, This indemnification and hold harmless survives acceptance of the Work, This clause of the Contract will extend beyond the term of the Contract for a period of ten (10) years after the date of the acceptance of the Work by the County, 15, INSURANCE Commercial General Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability insurance to include: 1) premises/operations, products/completed operations, (including XCU hazards) and personal and advertising injury for limits of not less than $1,000,000 per occurrence; 2) fire damage for limits of not less than $100,000 per occurrence; 3) medical payments for limits not less than $5,000 per person and 4) a general, per contract/project, aggregate limit of not less than $1,000,000, The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured, Business Automobile Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits, The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured, Workers' Compensation and Employers Liability: The Contractor shall maintain and, prior to commence of this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (F,S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $1,000,000 for accidents or disease, The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal. -6- 16, DEFAULT: TERMINATION A. FOR CAUSE If the Contractor fails to fulfill its obligations under this Contract in a timely and proper manner, the County shall have the right, but not the obligation, to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the def iciency, If the Contractor fails to correct the deficiency within the seven calendar day period, this Contract shall terminate at the expiration of that time period, With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency, (2) If the Contractor should refuse or fail to supply enough employees or proper material to meet the demands or if the Contractor should fail to' make prompt payment for materials, or labor or other services entering into the Work, (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. (4) Fails to perform any of the terms of this Contract or performs work which fails to conform to the requirements of this Contract, (5) Notwithstanding the foregoing and as supplemental and additional meanS of termination of this Contract under this section, in the event that Contractor's record of performance shows that Contractor has frequently, regularly or repetitively defaulted in the performance of any of the covenants and conditions required herein to be kept and performed by Contractor, in the opinion of County and regardless of whether Contractor has corrected each individual condition of default, Contractor shall be deemed a "habitual violator", shall forfeit the right to any further notice or grace period to correct, and all of said defaults shall be considered cumulative and collectively, shall constitute a condition of irredeemable default. The County shall thereupon issue Contractor a final warning citing the circumstances therefor, and any single default by Contractor of whatever nature, subsequent to the occurrence of the last of said cumulative defaults, shall be grounds for immediate termination -7- of this Contract, In the event of any such subsequent default, County may terminate this Contract upon the giving of written final notice to Contractor, such cancellation to be effective upon the fifteenth consecutive calendar day following the date of the final notice, and all contractual fees due hereunder plus any and all charges and interest shall be payable to said date, and Contractor shall have no further rights hereunder, Immediately upon receipt of said final notice, Contractor shall proceed to cease any further performance under this Contract, (6) In the event of the aforesaid events specified in sections (1), (2), (3), (4), and (5), hereof and except as otherwise provided therein, termination shall be effective upon the date specified in County's written notice to Contractor and upon said date this Contract shall be deemed immediately terminated and upon such termination alii iability of the County under this Contract to Contractor shall cease, and the County shall have the right to utilize the Performance Bond and shall be free to negotiate with other contractors for the operation of the herein specified services, For failure to perform, Contractor shall reimburse the County all direct and indirect costs of providing interim service, B, Contractor recognizes that the failure on the part of Contractor to comply with the terms of this Contract is likely to cause irreparable damage to the County and damages at law would be an inadequate remedy. Therefore, Contractor agrees that in the event of a breach or threatened breach of any of the terms of the Contract by Contractor, the County shall be entitled to an injunction restraining such breach and/or to a decree of specific performance, without showing or proving any actual damage, together with recovery of reasonable attorneys' fees and costs incurred in obtaining said equitable rei ief until such time as a final and binding determination is made by the court. The foregoing equitable remedy shall be in addition to, and not in lieu of, all remedies or rights which the County may otherwise have by virtue of any breach of this Contract by Contractor, The County shall be entitled to seek injunctive relief without the posting of any bond or security to obtain the entry of temporary and permanent injunctions and order of specific performance enforcing the provisions of this Contract, The County shall also be able to seek injunctive relief to prohibit any act or omission by Contractor or its employees that constitutes a violation of any applicable Jaw, is dishonest or misleading, Contractor expressly consents and agrees that the County may, in addition to any other available remedies, obtain an injunction to terminate or prevent the continuance of any existing default or violation, or to prevent the occurrence of any threatened default by Contractor of this Contract, (C) WITHOUT CAUSE The County may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the Contractor, Upon such termination, the -8- Contractor waives any claims for damages from the termination without cause including, without limitation, any and all consequential claims as set forth above, and as the sole right and remedy of the Contractor, the County shall compensate the Contractor for all authorized Work satisfactorily and responsibly completed through the termination date, 17, PROHIBITION AGAINST CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Contractor, to solicit or secure this Contract, and that he has not paid or agreed to pay any persons, company corporation, individual or firm, other than a bonafide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Contract, 18. NON DISCRIMINATION Contractor covenants and agrees that the Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry, 19. VERIFICATION OF EMPLOYMENT STATUS The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act (UlNA"), The County shall consider the employment by the Contractor of unauthorized aliens a violation of 8 U,S,C, Section 1324a(e) [Section 274A(e) of the INA). The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County, 20. ASSIGNMENT No assignment or subcontract of this Contract or any right occurring under this Contract shall be made in whole or in part by Contractor without the express written consent of the Board, Assignment shall include any transfer of 20/0 or more of stock or control in Contractor, The Assignment shall also include the failure of the Contractor's Project Manager to continue to actively participate in either this Contract or the Company. The Board shall have full discretion to approve or deny, with or without cause, any subcontract, any proposed -9- assignment or assignment by Contractor, Any assignment or subcontract of this Contract made by Contractor without the express written consent of the Board shall be null and vo id and shall be grounds of the Board to declare a default of this Contract, and immediately terminate this Contract by giving written notice to Contractor, and upon the date of such notice this Contract shall be deemed immediately terminated, and upon such termination all liability of the County under this Contract to Contractor shall cease and Contractor shall be deemed to have failed to perform its obligations under this Contract, and County shall have the right to require performance or indemnification from any surety and shall be free to negotiate with other contractors or any other person or company to provide service to the County Urban Service Area. In the event of any assignment with the consent of County, the assignee shall fully assume all the liabilities of Contractor, provided, however, that such assignment and assumption shall not relieve Contractor of any liability or responsibility under this Contract, 21. NOTICES All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: With A Copy To: St, Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft, Pierce, fL 34982 St, Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As To Contractor: New Horizons of the Treasure Coast 4500 W, Midway Road Ft, Pierce, FL 34981 or to such other address as any party may designate by notice complying with the terms of this Section, Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. -10- 22, NON-WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights, 23, CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112,311, Florida Statutes (2005) and as may be amended from time to time. The Contractor further represents that no person having any interest shall be employed for said performance, The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder, Such written notification shall identify the prospective business association, interest or circumstance, the nature of Work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor, If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract, 24, DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carryon the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending a final resolution of the dispute, including, if necessary, any determination by a Court of competent jurisdiction, Any dispute which is not resolved by mutual agreement shall be decided by the County Adm inistrator who shall reduce the decision to writing. The decision of the County -11- shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, cap ricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence, -12- 25, MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation, The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St, Lucie County, The fee of the mediator shall be shared equally by the parties, To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue, 26 INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto, This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be exclusively in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted. made and executed this Contract in counterparts each of which shall be treated as an original upon the terms and conditions above stated, ATTEST: BOARD OF COUNTY COMMISSIONERS ST. l.UCIE COUNTY. FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY -13- WITNESSES: ';I)t-?:! d,''''l ~./}2-"Jt.4 #?l.../ ~u/JIIL- NEW HORIZONS OF THE TREASURE COAST :;~~"2U--: Title: f'i.^f'f, lell' "fit /('j;'{) , G: \A TTY 'AGREE M NT\N ew Horizons-07 -os .wpd -14- , AGENDA REOUEST ITEM NO. C.2.F Date: November 27, 2007 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Decommissioning Wells at St. Lucie County International Airport - First Amendment to May 1,2007 Agreement with Treasure Coast Resource Conservation and Development Council, Inc, BACKGROUND: See C.A, No, 07-1996 FUNDS A V AIL. (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed First Amendment to the Agreement with Treasure Coast Resource Conservation and Development Council, Inc., and authorize the Chairman to sign the amendment, Approved 5-0 COMMISSION ACTION: .~ APPROVED [] DENIED [ ] OTHER: County Attorney: Jl' Coordination/Sil!natu res Mgt. & Budget: Purchasing: Originating Dep!.: Other: Other : Finance (Check for Copy only, if applicable): f INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney CA NO: 07-1996 DATE: November 15,2007 SUBJECT: Decommissioning Wells at St. Lucie County International Airport - First Amendment to May 1, 2007 Agreement with Treasure Coast Resource Conservation and Development Council, Inc. BACKGROUND: On May 1,2007, the County entered into and Agreement with Treasure Coast Resource Conservation and Development Council, Inc, to decommission twelve (12) Florida aquifer wells at the St. Lucie County International Airport, During the project, the contractor for the Council located two additional wells which should be decommissioned, Attached to this memorandum is a copy of a proposed First Amendment to the Agreement which would add these wells to the project. Sufficient funds are available under the original not to exceed cost to cover this additional work. RECOMMEND A nON/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed First Amendment to the Agreement with Treasure Coast Resource Conservation and Development Council, Inc" and authorize the Chairman to sign the amendment. Respectfully submitted, '~~ Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Airport Director Finance Director Management and Budget Director FIRST AMENDMENT TO MAY 1,2007 AGREEMENT THIS AGREEMENT made and entered into this _ day of ,2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County"), and the TREASURE COAST RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL, INC., a Florida not for profit corporation, (the "Council"), WHEREAS, the County owns and operates the St. Lucie County International Airport (the "Airport"); and, WHEREAS, the Council has funds available for the decommissioning of Floridan aquifer wells in 8t. Lucie County; and, WHEREAS, on May 1, 2007, the parties entered into an Agreement to decommission twelve (12) Floridan aquifer wells at the Airport; and, WHEREAS, the parties have determined it is necessary to add two (2) additional wells to the project. NOW, THEREFORE, the County and the Council hereby agree and covenant on the terms and conditions hereinafter stated: 1. The number of wells to be decommissioned pursuant to the Agreement shall be increased from twelve (12) to fourteen (14), 2, effect. All other terms and conditions of the Agreement shall remain in full force and IN WITNESS WHEREOF, the parties have caused the execution of this First Amendment by their duly authorized officials, ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman 1 APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ATTEST: TREASURE COAST RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL, INC, BY: Secretary President (Seal) g: \atty\agreernnt\inter Joe\ J a,airport, weBs, doe 2 -. -, AGENDA REQUEST ITEM NO. C- 2 . G DATE: November 27,2007 REGULAR [] PUBLIC HEARING [] CONSENT [X] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): County Attornev Mark Godwin SUBJECT: Approval for the purchase of one computer server and a failover server, with licensing to support the Pretrial Releasel GPS infrastructure through a "Blackberry Mail" system. The GPS Monitoring Company will be able to notify staff faster when violations occur on criminal defendants, therefore, supporting the highest level of public safety. Additional approval requested for the use of "Blackberry" communication units for the pretrial (4) staff and I.T, (2) Staff that are supporting the GPS/Pretrial Program. Additional Computer Server to support the Criminal Justice Information System (CJIS) Program. The current server is obsolete in data storage and data dissemination that is currently being housed for this CJIS Program, The CJIS Program currently houses all jail, clerk and clerk data, and Mental Health Court and Drug Court Data Bases. BACKGROUND: The computer servers will support staff and computer programs that will continue to help reduce the population of the County Jail, along with helping streamline court processes. FUNDS AVAIL: The funds for this purchase are designated in account: 107-2360-534000-200 Total Cost will not exceed $17,162.06 PREVIOUS ACTION: None for FY06/07 RECOMMENDATION: Staff recommends the Board accept and approve the purchase of additional computer servers and blackberry communication units for the St. Lucie County Pretrial Release and CJIS Programs. Staff recommends approval of attached "Equipment Request Form". COMMISSION ACTION: DOU912 ; Anderso~ ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Administrator Coordination/Si urchasing: County Attorney:_X ~ 06"". Management & Budget_X Originating Department: 1dt~~Other: Finance: Check for copy only, if applicableX Other: BOARD OF COUNTY COMMISSIONERS Date: September 20, 2007 To: Dan McIntyre, County Attorney Doug Anderson, County Administrator Mark Godwin, Criminal Justice Coordinator IAv 06/07 Rollover Funds From: RE: , CRIMINAL JUSTICE COORDINATOR Mark J, Godwin J;D~ \~\ .1 I'm requesting that the following amount be rolled over into the 07/08 budget for the Pretrial and Criminal Justice Information Systems (CnS) Programs, they are: . One Server and Failover Server, with licensing to support the Pretrial Release I GPS infrastructure through a "Blackberry Mail". The GPS monitoring company will be able to notify staff faster when violations occur, therefore, supporting the highest level of public safety, Cost: $9,049.12 . One Server to support the cns Program. The massive amount of data that we currently operate is housed on a risky test server that has limited capability, Cost: $8,112,94 Total available funds $75,000.00 (107-2360-534000-200) Total amount requested to rollover to the 07/08 budget - $ 17,162.06 JOSEPH E. SMITH. District No.1' DOUG COWARD, Disrricr NO.2' PAULA A. LEWIS, District No. J . CHARLES GRANDE, Distr:ct No.4' CHRIS CRAFT. Disrricr No.5 Counry Admjnistrator . Douglas M. Anderson 2JOO Virginia Avenue. Jrd Floor Admin, Annex · Fort Pierce, FL 34982-5652 · Phone (772) 462-1441 _. U ,.......-,,....,, ALr. A A An _ Tr\r'\ /77')\ /lA0_-1Il'?.A. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008 DEPARTMENT: ATTORNEY RECOMMENDED: X YES NO REVISED JUSTIFICATION: Approval for the purchase of one computer server and a failover server, with licensing to support the Pretrial Release/GPS infrastructure through a "Blackberry Mail" System, This will support the higest level of public safety while reducing the jail population, Funds for this purchase have been rolled over from 06/07 and authorized by the County Administrator, ADDITIONAL COSTS None EQUIPMENT REQ#: EQ08-293 ACCOUNT#: 107-2360-534000-200 , ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008 DEPARTMENT: ATTORNEY RECOMMENDED: X YES NO REVISED The server will be used to store all felony case records from the 19th Judicial Circuit and all housed inmate records from the County Jail for purposes of providing access by Judges to their pending case lists - including the ability to identify which defendants are in custody; for statistical analysis;and for Mental Health and Drug Court needs, This system will also provide a tickler reporting functionality. The massive anount of data that we currently operate is housed on a risky test server tha is obsolete, Funds for this purchase have been rolled over from 06/07 and authorized by the County Administrator. DDITIONAL COSTS None EQUIPMENT REQ#: EQ08-294 ACCOUNT#: 107-2360-534000-200 Page 1 of2 DELL QUOTATION Date: 10/17/071:23:19 PM QUOTE #: Customer #: Contract #: CustomerAgreement #: Quote Date: Customer Name: 392185785 5727638 90231 250-000-03-1 10/17/07 ST LUCIE COUNTY TOT ?\'_ QUaT:: AMOUNT: $9,665,08 Product Subtotal: $9,665.08 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 1 GHCUP: 1 I QIJANTiTY: .2 SYSTEM PRICE: $4,498,60 I Gi-,OUP TOTAL: $3,997,20 Base Unit: Quad Care Xeon Processor L53102x4MB Cache, l,6GHz, 1066MHz FSB, ES, PE1950 (222-8571) Processor: Quad Care Xeon 2nd Processor L5310, 2x4MB Cache, l,60GHz 1066MHz FSB,PE1950 (311-7165) Memory: 4GB 667MHz (4xlGB), Dual Ranked DIMMs, Energy Smart,PE (311-6954) Keyboard: No Keyboard Selected (310-5017) Video Card: Broadcom Dual Port TCPIIP Offload Engine Key Not Enabled (430-1748) Videa Memory: Riser with 2 PCle Slots for PowerEdge 1950 (320-4648) Hard Drive: 146G,1 OK,SAS3G,2,5,HP (341-4732) Hard Drive Controller: PERC 5/1, Integrated Controller Card (341.3094) Operating System: Windows Server 2003 R2 Standard Edition, Includes 5 CALs (420-5796) Mouse: Mouse Option None (310-0024) NIC: Dual Embedded Broadcom NetXtreme II 5708 Gigabit Ethernet NIC (430-1762) CD-ROM or DVD-ROM Drive: 24X IDE CD-RW/DVD ROM Drive for PowerEdge Servers, All OS (313-3918) Sound Card: Bezel for PE 1950 (313-3937) Spea kers: 1 x4 Backplane far Energy SmartChassis with 2,5-inch Hard Drives,PE1950 (311-6958) Documentation Diskette: Electronic Documentation and OpenManage CD Kit, PE1950 (310.7962) Additional Storage Products: 146G, 10K,SAS3G,2,5,HP (341-4732) Feature Integrated SAS/SATA RAID 1 PERC 5/i Integrated (341-3084) Feature Sliding RapidiVersa Rails and Cable Management Arm,Universal (341-3090) Service: Dell Hardware Warranty Plus Onsite Service Initial YR (984-1519) Service: SILVER Enterprise Support: 4 Hour7x24 Onsite Service Post Problem Diagnosis,lnit YR (970- 3500) Service: Dell Hardware Warranty, Extended YR (984.1528) Service: SILVER Enterprise Support: 4 Hour 7x24 Onsite Service Post Problem Diagnosis,2 YR Ext (960. 7412) Service: SILVER Enterprise Support: 7x24 Hardware/Software Tech Phone Support, Enterprise Command Center, 3Yr (960-7852) Installation: On-Site Installation Declined (900-9997) Mise: Energy Smart Redundant Power Supply with Y.Cord, PE1950 (430-2243) file://C:\Documents and Settings\RosartC\Local Settings\Temp\XPgrpwise\Quote,html 10/17/2007 Page 2 of2 SOFTVV.A.RE 2~ /J...CCES:30nlES Product Quantity Unit Price Total usa Style Server Interface PodPowerEdge x161DS/180AS/2160AS,Cuslomer Kit (310-5680) 2 $70,99 $141.98 STORAGE EXEC WIN REMOTE SVR AGENT V5,3 LIC (A0442278) 2 $262,95 $525,90 r',Jurnber of S 81 i-'\ H{~rn:::i: , S ,~~ /~ '~";, f [~<'u..t. SG67.38 I '._.',;;J /'~.. ll\.r Ii. SALES REP: Barbara Harber PHONE: 1-800-981-3355 Email Address: Barbara harber@dell.com Phone Ext: 7243012 For your convenience, your sales representative, quote number and customer number have been Included to provide you with faster service when you are ready to place your order. You may also place your order online at www.dell.com/quote Unless you have a separate agreement with Dell, the terms and conditions found at http://ftpbox,us.dell.com/slg/resellers/resellertcs.htm shall govern the sale and resale of the Products and Services referenced in this quotation. Prices and tax rates are valid in the U.S. only and are subject to change. "Sales/use tax is a destination charge, i.e, based on the "ship to" address on your purchase order, Please indicate your taxability status on your PO. If exempt, please fax exemption certificate to Dell Tax Department at 512-283-9276, referencing your customer number. If you have any questions regarding tax please call BOO-433-9019 or email Tax_Department@dell.com. .. All product and pricing information is based on latest information available. Subject to change without notice or obligation, LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal options at US_Dell_ARS_Requests@dell,com. Minimum quantities may apply. Shipments to California: For certain products, a State Environmental Fee Of Up to $10 per item may be applied to your invoice as early as Jan 1, 2005. Prices in your cart do not reflect this fee. More Info: or refer to URL www.dell.com/environmentalfee file:/lC:\Documents and Settings\RosartC\Local Settings\Temp\XPgrpwise\Quote,html 10/17/2007 Page 1 of2 DELL QUOTA TION Date: 9/11/07 2:49:29 PM QUOTE #: Customer #: Contract #: CustomerAgreement #: Quote Date: Customer Name: 385874680 5727638 90231 250.000-03-1 9/11/07 ST LUCIE COUNTY TOTAL (lUOrE AMOUNT: $8,112,94 Product Subtotal: $8,112.94 Tax: $0.00 Shipping & Handling: $0,00 Shipping Method: Ground Total Number of System Groups: 1 GROUP: 1 I QUANTITY: 1 SYSTEM PRICE: $7,;)42,991 Geoup TOTAL: $7,942,99 Base Unit: Dual Core Xeon Processor 5050,2x2MB Cache, 3.00GHz, 667MHz FSB, PE 2950 (222-2703) Processor: Information,No Second Processor (311-1193) Memory: 16GB 667MHz (8x2GB), Dual Ranked DIMMs (311-6199) Keyboard: No Keyboard Selected (310-5017) Video Card: Broadcom TCP/IP Offload EngineNot Enabled (430-1765) Video Memory: Riser with 3 PCle Slots for PowerEdge 2950 (320-4607) Hard Drive: 36GB 15K RPM Serial-Attach SCSI3Gbps 3,5-ln HotPlug HardDrive (341-3027) Hard Drive Controller: PERC 5/i, x6 Backplane Integrated Controller Card (341-3066) Floppy Disk Drive: No Floppy Drive for x6 Backplane (341-3685) Operating System: Red Hat Enterprise Linux AS 4 3 year RHN Subscription, Non Factory Install (420-5287) Mouse: Mouse Option None (310-0024) NIC: Embedded Broadcom NelXtreme 115708 GigabltEthernet NIC (430-1764) Modem: Dell Remote Access Card, 5th Generation for PowerEdge Remote Management (313-3923) CD-ROM or DVD-ROM Drive: 24X IDE CD-RW/DVD ROM Drive for PowerEdge 2950 (313-3934) Sound Card: Bezel for PE 2950 (313-3920) Speakers: 1x6 Backplane for 3,5-inch Hard Drives (311-5747) Documentation Diskette: Electronic Documentation and Open Manage CD Kit, PE2950 (310-7415) Additional Storage Products: 36GB 15K RPM Serial-Attach SCSI3Gbps 3,5-in HotPlug HardDrive (341-3027) Feature Integrated SAS/SATA RAID 1/RAID 5 (341-3064) Feature Rack Chassis w/Sliding RapidNersa Rails and Cable Management Arm,Unlversal (310-7412) Service: Premier Enterprise SupportService Gold Welcome Letter (310-3785) Service: GOLD Enterprise Support: 4 Hour 7x24 Onsit. Service with Emergency Dispatch,2 YR Ext (960- 8322) Service: GOLD Enterprise Support: 7x24 Escalation Manager, Hw/Sw TechPhone Support, Enterprise Com mand Center, 3Yr (960-8572) Service: GOLD Enterprise Support: 4 Hour 7x24 Onsite Service with Emergency Dispatch,lnit YR (970- 4190) Service: Dell Hardware Warranty Plus Onsite Service Inital YR (984-1399) Service: Dell Hardware Warranty, Extended YR (984-1417) Installation: On-Site Installation Declined (900-9997) file://C:\Documents and Settings\administrator\Loca1 Settings\Temp\XPgrpwise\Quote,ht... 11/1412007 Page 2 of2 Mise: Redundant Power Supply with V-Cord for PowerEdge 2950 (310-7421) Mise: 73GB 15K RPM Serial-Attach SCSl3Gbps 3,5-in HotPlug HardDrive (341-3029) Mise: 73GB 15K RPM Serial-Attach SCSI3Gbps 3,5-in HotPlug HardDrive (341-3029) Mise: 73GB 15K RPM Serial-Attach SCSI3Gbps 3,5-in HotPlug HardDrive (341-3029) SOFTW;\RE < P,.,CCE.'3S0R;ES- \,;t, Product Quantity Unit Price Total BE RAlUS 110 BNDl GOV BAND S ES (A0774142) 1 $169,95 $169,95 Nurnbf";r of S & A Items: 1 S9,' Tota! Arnount: $169,95 (~'(I'"'"', SALES REP: Barbara Harber PHONE: 1-800-981-3355 Email Address: Barbara harber@dell.com Phone Ext: 7243012 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at www.d_E~II.comlqlJQte Unless you have a separate agreement with Dell, the terms and conditions found at http://ftpbox.us.dell.com/slg/resellers/resellertcs.htm shall govern the sale and resale of the Products and Services referenced in this quotation. Prices and tax rates are valid in the U.S. only and are subject to change. "Sales/use tax is a destination charge, i.e. based on the "ship to. address on your purchase order. Please indicate your taxability status on your PO. If exempt, please fax exemption certificate to Dell Tax Department at 512-283-9276, referencing your customer number. If you have any questions regarding tax please call 800-433-9019 or email Tax_Department@dell.com. .* All product and pricing information is based on latest information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal options at US_DeILARS_Requests@dell.com. Minimum quantities may apply. Shipments to California: For certain products, a State Environmental Fee Of Up to $10 per item may be applied to your invoice as early as Jan 1, 2005. Prices in your cart do not reflect this fee. More Info: or refer to URL www.dell.com/environmentalfee file://C:\Documents and Settings\administrator\Local Settings\Temp\XPgrpwise\Quote,ht... 11/14/2007 AGENDA REQUEST ITEM NO. C - :rA. DATE: November 27, 2007 RFV'SED REGULAR PUBLIC HEARING CONSENT [xl TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Airport Industrial Park West EDA Grant (Fund #140128) BACKGROUND: At the end of fiscal year 2005-2006, the grant had a balance of $1, 167,719,12, But, at the beginning of the 2006-2007 fiscal year, the grant's balance was incorrectly adjusted to $1,165,130, which caused the grant to be understated by $2,589, This resolution is to correct the understatement. FUNDS AVAILABLE: See attached Budget Resolution 07-315 PREVIOUS ACTION: May 25,2004, the Board accepted a grant from the V,S, Department of Commerce Economic Development Agency (EDA) for $1,500,000, August 10,2004, the Board approved budget resolution 04-177 recognizing the additional funds in the 2003-2004 fiscal year's budget. October 26,2004, the Board approved budget resolution 04-297 to recognize funds in the 2004-2005 fiscal year's budget, RECOMMENDATION: Staff recommends the Board of County Commissioncrs approve Budget Resolution 07-315 to correct fund #140128's budget understatement in fiscal year 2006-2007. COMMISSION ACTION: CONCURRENCE: [~APPROVED [] DENIED [ ] OTHER: Doug Anderson County Administrator Approved 5-0 County Attorney: XX ~/~ Coordination/S i gnatures ~ ~ 'Nk\ Purchasing: Finance: (Check for Copy only, if applicable) XX Management & Budget: XX Public Works: Other: G:\BUDGETIWPIAGENDA'SIAGENDA07111 2707 AIRPORT #]40]28 BUDGET UNDERSTATEMENT.DOC OFFICE OF MANAGEMENT & BUDGET MEMORANDUM #07-78 TO: Board of County Commissioners FROM: Marie Gouin, OMB Director SUBJECT: Airport Industrial Park West EDA Grant DATE: November 27, 2007 On May 25,2004, the Board approved acceptance of a $1 ,500,000 grant from the U,S, Department of Commerce Economic Development Administration (EDA) towards the construction of the Airport Industrial Park West Commerce Park, Then, on August 10, 2004, the Board approved budget resolution 04-177 to recognize the $1,500,000 grant in the 2003-2004 fiscal year's budget. On October 26,2004, the Board approved budget resolution 04-297 to recognize funds in the 2004- 2005 fiscal year's budget. At the end of fiscal year 2005-2006, the grant had a balance of $1,167,719.12, But, at the beginning of the 2006-2007 fiscal year, the grant's balance was incorrectly adjusted to $1,165,130, which caused the grant to be understated by $2,589, This resolution is to correct the understatement. Staff requests approval of Budget Resolution #07-315 to establish a budget of $2,589 for the Airport Industrial Park West Commerce Park in the 2006-2007 fiscal year. RESOLUTION NO. 07-315 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the United States Department of Commerce Economic Development Administration in the amount of $1,500,000 as additional funding for the Industrial Park West Development at the SI. Lucie County International Airport in the 2003-2004 fiscal year. At the end of fiscal year 2005-2006, the grant had a balance of $1,167,719,12, But at the beginning of the 2006-2007 fiscal year, the grant's balance incorrectly adjusted to $1,165,130, which caused the grant to be understated by $2,589, This resolution is to correct the understatement. WHEREAS, Section 129,06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of SI. Lucie County, Florida, in meeting assembled this 2ih day of November, 2007, pursuant to Section 129,06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2006-2007, and the County's budget is hereby amended as follows: REVENUE 140128-4220-331110-48004 US Dept of Commerce $2,589 APPROPRIATIONS 140128-4220-563005-48004 Infrastructure-Consulting Engineer $2,589 After motion and second the vote on this resolution was as follows: Commissioner Joseph E, Smith, Chairperson Commissioner Paula Lewis, Vice Chairperson Commissioner Chris Craft Commissioner Doug Coward Commissioner Charles Grande xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 27th DAY OF NOVEMBER, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORiDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. C3B DATE: November 27, 2007 REGULAR PUBLIC HEARING CONSENT [ Xl TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M. Gouin SUBJECT: Approval of Budget Amendment BA08-00 1 transferring funding to cover General Fund purchase orders that were rolled over from fiscal year 2007. BACKGROUND: At the end of fiscal year 2007, the County had several purchase orders outstanding for items not yet received or services not yet rendered. This budget amendment transfers funding from accounts that were established in the fiscal year 08 budget to cover encumbrances carried forward into the departments that have purchase orders that rolled from fiscal year 2007, This budget amendment also adjusts the program budget for the Treasure Coast Green Conference, FUNDS WILL BE MADE AVAILABLE: 001-9910-599900-800 (Encumbrances Carried Forward) and XXX-991 0-599300-800 (Reserves, various funds) PREVIOUS ACTION: N/A RECOMMENDA nON: Staff recommends that the Board of County Commissioners approve Budget Amendment 08-001. [X] APPROVED [] DENIED [ ] OTHER: L r jURRENCE Doug Anderson County Administrator COMMISSION ACTION: Approved 5-0 CO",dioaHon/s~~ County Attorney: ~.. Management & Budget: urchasing: Originating Dept: Soil & Water: Other: Finance: (Check for Copy only, if applicable) XX G\BUDGE1\WPIAGENDA'SIAGENDA08\II'27'07ENCUMBRANCES.DOC BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMB PREPARED DATE: 11/6/2007 AGENDA DATE: 11/27/2007 ...............t.ttrH IN...IX~..i..i!i..@iii!@i;i.iii!i.i!.....i.i.i....;................. .E.... .... .....u......WW.ii.i.i..... .r ..t.'H TO: 001-5310-564000-500 Machinery & Equipment $26,648 001-6210-564000-600 Machinerv & Equipment $28,260 001-411 0-531 000-400 Professional Services $71,350 107 -2360-534000-200 Contractual Services $17,163 107 -1931-546200-1519 Maintenance Improvement Projects $1,634 316-1930-564000-100 Machinerv & Equipment $56,254 001-621 0-564000-600 Machinery & Eauipment $28,360 001-1410-531000-100 Professional Services $17,400 001-3920-564000-300 Machinerv & Equipment $1,608 001-7912-534000-3925 Contractual Services $3,000 001-7912-547000-3925 Printing & Bindina $7,000 001-7912-548060-3925 Promotional Activities $1,000 001-7912-551000-3925 Office Supplies $1,300 001-7912-552000-3925 Operating Supplies $1,000 FROM: 001-9910-599900-800 Encumbrances Carried Forward $186,926 107-9910-599300-800 Reserves $18,797 316-9910-599300-800 Reserves $56,254 REASON FOR BUDGET AMENDMENT: To cover purchase orders that were rolled from FY 07 and to adjust proaram budaet for Treasure Coast Green Conference, CONTINGENCY BALANCE: n/a THIS AMENDMENT: n/a REMAINING BALANCE: n/a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: 08-001 DOCUMENT # & INPUT BY: ~ , AGENDA REQUEST ITEM NO.C3:- DATE: November 27, 2007 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. lUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Approval of Proposed Revised Grant Management Policy/Procedures. BACKGROUND: See memo attached. Effective date, December 1, 2007. The new proposed policy and procedures were completely revamped to follow the current grant processing flow and, therefore, will completely replace the 09/09/1997 adopted policies/procedures. FUNDS AVAilABLE: Grant Funds PREVIOUS ACTION: Board approval Grant Management Policy/Procedures 09/09/1997. RECOMMENDATION: Staff recommends the Board approve the attached revision to the Grant Management Policy/Procedures to become effective, December 1,2007. COMMISSION ACTION: E<] APPROVED [] DENIED [ ] OTHER ENCE: Approved 5-0 ug Anderson County Administrator County Attorney: rJr' COOCd;"atiO;~ Management & Budget: . Purchasing: Finance: (Check for Copy only, if applicable) Orig Dept: PWorks: Other: Anyone with a disability requiring accommodation to attend this meeting should contact the SI. Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting, "t ~ MEMORANDUM 08-011 OFFICE OF MANAGEMENT & BUDGET TO: BOARD OF COUNTY COMMISSIONERS FROM: MARIE GOUIN, MANAGEMENT & BUDGET DIRECTOR SUBJECT: PROPOSED REVISED GRANT MANAGEMENT POLICY/PROCEDURES DATE: November 27, 2007 Saint Lucie County encourages staff to identify and secure funding from a variety of sources to enable us to reach our objectives, In an era of increasing needs and limited funding, these additional resources are necessary, Upon review of the current Grant Management Policy/Procedures approved by the Board on September 9,1997, it was determined that it need to be revised to reflect current information and to include electronic application submissions, 1, In discussions with the Finance Department, and the County Departments, we have arrived at the attached proposed revised definitions of responsibility for grant program activities that specify the respective roles of the: (a) Departments that are applying for grants, (b) Office of Management and Budget, (c) Finance Department, as well as (d) County Attorney, (e) County Administrator, and the (f) Board of County Commissioners, 2, The attached proposed revised procedures are necessary to update procedures to changes in technology and reporting requirements, ,. I GRANT APPLICATION, ACCEPTANCE AND ADMINISTRATION POLICY AND PROCEDURE SOCC APPROVAL: 11/27/2007 REVISION EFFECTIVE DATE: 12/01/2007 101.01 PURPOSE: The Grant Application, Acceptance, and Administration Policy and Procedures are intended to provide guidance for applying for and implementing a grant. 101.02 GENERAL STATEMENT: a grant is a contract between the Board of County Commissioners and a funding agency to carry out a specific program or project. 101.03 PROPOSED REVISED PROCEDURES: A. GRANT APPLlCA TlON: (1) Department or Grants & Disaster Recovery Department decides to apply for a grant and Department Director assigns a grant manager, (2) Draft application is typed on paper or online (if electronic) and printed out by the Dept. (3) Grant Manager prepares agenda package. (4) Dept. routes agenda package with application for signatures to OMS and Attorney, (5) Dept. asks for Board approval of application submission, (6) Dept. submits application to County Attorney, (7) Dept. mails or submits electronically executed application for signatures to granting agency, B. Grant ACCEPTANCE: (1) Dept. monitors the status of the award, (2) Dept. submits award documents to OMS for review, (3) Banking information is verified thru the Finance Dept. (4) OMB reviews printed award documents, (5) OMB coordinates with Dept. to complete Grant Accounting Form, (6) Dept. submit agenda for Board acceptance of the grant and to set up grant budget and Upon request by dept. OMB prepares Budget Resolution, Budget Amendment, Line-to-Line (local match), if necessary to attach, No acceptance at same time of submission of application allowed, (7) Upon BOCC approval, OMB will submit signed Agenda by County Administrator grant accounting form and grant award to Finance to open Grant Fund, (8) Dept. obtain Board Chairman signature and submit to granting agency for final execution, (9) Dept. obtain a contract number from the County Attorney for final executed grant, submit original to Finance, a copy to OMB, and maintain a copy for Dept. files, (10) Finance Dept. sets up the grant in banner upon receipt of copy, (11) Department Grant Manager submits final executed copy to Finance, Departments will not oe given access to grant funds until Finance receives executed grant award, C. GRANT A DMINISTRA TION: (1) Dept. works on the grant project. (2) Dept. Requisitions money according to grant budget. (3) Dept. codes expenditures from the grant including personnel. '. \ (4) Dept. submits payroll change forms, if necessary, (5) Dept. maintains expense logs, (6) OMB send out reminders to dept. 30 days before due date for monthly and quarterly reports, (7) Dept. request Banner Reports from Finance (FGRGL TAlFZRPDTA), Finance will e-mail or fax within two days, (8) Dept. submits all required reports and Grant Report Routing Form to OMS for Review and approval in accordance to Sanner Reports at least ten (10) days before due date, OMS will send to Finance within 3 days of receipt. (9) Administration will be notified of non-receipt of reports at least 10 days before due date, (10) OMB reviews and send report to Finance. (11) Finance reviews, request for reimbursement to verify financial data, sign and return to OMS within five (5) days, OMS copies and send to Department. (12) Dept. submits reports to granting agency and Finance will submit electronically for reimbursement to the Granting Agency, when necessary, (13) Department notify Finance of all passwords, (14) Finance posts check upon receipt. (15) Dept. conducts compliance activity as required, I.e. receipt of audit reports from subgrantees, etc. (16) OMB monitors financial status of the grant to assure Dept. meet deadline and notify Dept. to acquire an extension before expiration date, if necessary, (17) Finance to close grant fund upon completion of Audit. (18) If no grant extension is on file on the Grant expiration date, the budget will be removed after reporting deadlines have passed, (19) If an extension is obtained after the expiration, Dept. must submit Agenda to Board with Budget Resolution prepared by OMB to re-establish a budget. The Finance Department will continue to process financial transactions, as necessary, and maintain official financial records. These policies/procedures completely replace the policies/procedures adopted on September 9, 1997 upon effective date, The policies and procedures outlined above reflect the position that the department applying for a grant has fundamental responsibility for managing the grant when it is received, including responsibility for reporting, compliance, and related administrative activities required by the grant. c: Ed Fry, Clerk of Court Sharon Bouton, Assistant Finance Director Dan Mcintyre, County Attorney I GRANT APPLICATION, ACCEPTANCE AND ADMINISTRAT10N POLICY AND PROCEDURE 101,01 PURPOSE: The Grant Application, Acceptance, and Administration Policy and Procedures are intended to provide guidance for applying for and implementing a grant. 101.02 GENERAL STATEMENT: A grant is a contract between the Board of County Commissioners and a funding agency to carry out a specific program or project. 101.03 PROCEDURES: A. GRANT APPLlCA TI0N: (1) At the direction of the department head, the Grant Project Director is authorized to request a grant application from the granting agency, (2) Upon receipt of the application, the department gathers the infol11lation and completes the application as thoroughly as possible and provides the Office of Management & Budget (OMB) with a copy of the application, (3) OMB reviews the application, The department should allow five(5) working days for review, If a project budget is required, OMS will review the information provided by the department, calculate the General and Administrative Fee, approve the line-item budget, and analyze matching funds availability. If necessary, a meeting will be scheduled with the Grant Project Director, Finance, and OMB. (4) After approval by OMS, the department submits 11 copies of an Agenda Request Package to the County Administrator for approval. The following must be included in the Agenda Request Package: a. A completed grant application. b, An explanation of the purpose of the grant and amount of county matching funds indicating the account number where the funds are available. c, A Resolution authorizing the program, if required by the grant. d, Concurrence by OMS and all appropriate department heads, omb:wp/procedures/policy/ revised 9/9/97 , (5) The department will copy the Agenda Request Package to Finance and OMS and keep a copy for file, (6) After Board approval: a, After the Board approves and or amends the application, the department makes the necessary changes and submits all original applications to the County Attomey's office, b, Tne Attorney's office routes the final application for signatures, and then returns the executed originals to the department. The department will submit the application to the granting agency, c, The department is responsible to assure that OMS and Finance has a copy of the final signed application. If there were no changes in the original application, only the signed pages of the application need to be copied. If the Board amended the original application, the entire application needs to be copied and sent to OMB and Finance, 8, GRANT ACCEPTANCE: Upon notification of non-acceptance of a grant, the department copies OMB and Finance with the disapproval letter and the file is closed, Upon notification from the granting agency of approval of the grant, the department proceeds with the process. (1) The department submits a copy of all new grant documents and award letter to OMB. The department should allow five(5) working days for OMB to review before they place the item on the agenda. (2) OMB will schedule a meeting with the department to complete the Project Budget and the Grants Accounting Request Form. A Line-to- Line Transfer and a Budget Amendment will also be completed if necessary. OMB will forvvard a copy of the completed Grants Accounting Request Form to Finance and the Department. (3) The department prepares and submits 11 copies of the Agenda Request Package to the County Administrator requesting Board approval for acceptance of the grant and appropriation of the budget. The following must be a part of the Agenda Request Package: a, Grant Contract. omb:wp/procedures/policy/ revised 9/9/97 I b, Request for Budget Amendment or Line to Line Transfer Form for County funds, if required, c, Budget Resolution prepared by OMS to appropriate the funds d, Executed copies of inter-local agreements specifying responsibilities of sub-grantees, if and as required. e, Concurrence by OMB and the County Attomey, (4) The package will be placed on the agenda by the originating department. a. Departments will be responsible for answering any questions about the grant during the Soard review process, (5) After Board approval: a, The County Administrator's office will send a copy of the approved Agenda Request to all departments that concurred on the Agenda, b, OMS will send the Resolution to the County Attorney's Office for legal review and recording, c, The department will send the grant contract to the Attorney's Office to obtain the required signatures. After signatures, the Attorney's Office will return the grant contract to the department. The department will submit the contract to the granting agency, d. The department is responsible to assure that OMB and Finance has a final signed contract, If there were no changes in the original contract, only the signed pages of the contract need to be copied. If the Board amended the original contract, the entire contract needs to be copied to OMS and Finance. e, Finance will input the grant information (per Grants Accounting Request Form) into the financial system. The grant package must be on file in Finance before Finance will enter the grant information with the exception of those repetitive grants that are input for budgetary purposes before the grant is actually received, f, OM8 will input the budget in the financial system, " omb:wp/procedures/policyl revised 9/9/97 g, After all signatures (BOTH COUNTY AND GRANTING AGENCY! have been obtained on the contract, Ule depar''u1:ent will send one 'original signed contract to Finance and the Attorney's Office and a copy to OMB, [, The Grants Project Director will coordinate with the Budget Malyst assigned to Grants prior to the beginning of the grant administering process, C. GRANT ADMINISTRATION: The department is responsible for ensuring proper administration of the grant. This includes compliance with the general and specific terms and conditions of the grant, the preparation of all periodic and final reports, and grant close-out procedures, OMB will be available for assistance in these areas, (1) The following will be done concurrently or as appropriate in the grant process, a. The department will code all expenditures related to the grant: payroll, requisitions, purchase orders and invoices, (If this is not dane, it will result in allowable expenditures not being submitted to the granting agency,) '0, The actual time worked on the grant will be shown on the time sheet submitted to the Payroll Department. (This is the only method available far Finance to ensure that payroll is charged correctly. ) c, If a position is a "Full-time Grant Reimbursement" (meaning that all salaries, insurance and other benefits are paid by the grant), the department will submit a Payroll Change Form encoded with the grant fund number to Personnel and Payroll showing that the person is paid entirely from tile grant. (This automatically charges the position to the grant each payroll.) The department will submit a Payroll Change Form if the person is retained or transferred after the grant expires or a new grant is in effect. d, When funds are to be received from the granting agency, the department will prepare the request for reimbursement and ather information required by the grant and fOrN2rd it to Finance, The department will submit the paperNork to Finance no less than ten(1 0) working days before the request far reimbursement is due, " omb:wp/procedures/policyl revised 9/9/97 .. e. The department should prepare the requests for reimbursement on a timely basis to assure prompt reimbursement of County funds, The date of invoicing will be as defined in the grant contract. f, The department is responsible for calculating the General and Administrative Fee and completing a check request for the amount calculated, The department will add this amount to the agency invoice for billing, All funds received from the agency will be sent directly to Finance, Finance will credit the grant accordingly, and copy the department and OMS with the check and other paperwork received, g, The department shall keep an account of all expenditures and funds received for each grant. The official financial records of the County are the responsibility of Finance and will be the records audited by the granting agency, It is the department's responsibility to balance to the official financial records. h, The department is responsible for all related 0?mpliance requir~ of the grant and for preparing all reports ( both periodic and financial) required by the Granting Agency, OMS will notify the departments in a timely manner when these reports are due, The department will submit the completed reports to Finance for review at least ten(1 0) working days prior to the due date established by the Granting Agency. Once the reports are signed by Finance verifying the financial information, absolutely no changes should be made to such reports, Finance will then return the reports to the department and the department will submit these reports in a timely manner to the Granting Agency. i. The department is responsible for informing OMS and Finance of all changes in the grant. This includes changes in financial information, time schedules, project status, and all other relevant information regarding the grant. j, The department will inform OMS if the grant needs to be carried forward into the next fiscal year. This should be done during initial budget meetings and reviewed prior to yearend, k, At the completion of the grant, the department will submit a request for final payment to Finance, Finance will notify OMS that the grant is closed, omb:wp/procedures/policyl revised 9/9/97 '! !. J t - , " 4' , '. AGENDA REQUEST ITEM NO, C-3D DATE: November 27, 2007 REVISED REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: OMB PRESENTED BY: Marie M, Gouin SUBJECT: Adopt Budget Resolution 07-374 to establish the budget for the $1,400,000 Lease Purchase Agreement for the Water Conservation Project at St. Lucie County Rock Road Jail for 2008. BACKGROUND: On May 22, 2007, the St. Lucie County Board of County Commissioners approved a resolution providing for a Lease-Purchase of Water Conservation Equipment for Rock Road Jail Facilities with Citimortgage, Inc, Payments on the lease will be made from non- ad valorem revenues of the County budgeted and appropriated in each year the lease- purchase agreement is outstanding. On August 28,2007, a budget resolution was approved for the 2006/2007 year, However, because the project was not completed by 9/30/2007, a 2008 budget is needed, In order to expend funds in 2008, a budget resolution must be approved by the Board appropriating these revenues for the current fiscal year. The attached Budget Resolution will accomplish this in accordance with Florida Statutes, FUNDS WILL BE MADE A V AILABLE: See attached Budget Resolution #07-374 PREVIOUS ACTION: See above, RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt Budget Resolution 07-374 establishing the budget for the $1,400,000 lease Purchase Agreement for the Water Conservation Project at St. Lucie County Rock Road Jail for 2008, ~] APPROVED [ ] OTHER: [ ] DENIED RENCE: COMMISSION ACTION: Approved 5-0 ug Anderson County Administrator County Attorney: o ~/<l Coordination/Signatures ~ Management & Budget: J9I1 (\ij\~purchaSing: Originating Dept: Soil & Water: Other: Finance: (Check for Copy only, if applicable) XX .... OFFICE OF MANAGEMENT & BUDGET \ MEMORANDUM #08-013 rilll!J''''X ...".'.....'''''~.. " -,'.".' ',':.- . .._- - - . - - . .. . ~ -'~'-, TO: Board of County Commissioners FROM: Marie Gouin, OMB Director SUBJECT: Water Conservation Project DATE: November 27, 2007 On May 22,2007, the S1. Lucie County Board of County Commissioners approved a resolution providing for a Lease-Purchase of Water Conservation Equipment for Rock Road Jail Facilities with Citimortgage, Inc, Payments on the lease will be made from non-ad valorem revenues of the County budgeted and appropriated in each year the lease-purchase agreement is outstanding. On August 28,2007, a budget resolution was approved for the 2006/2007 year, However, because the project was not completed by 9/30/2007, a 2008 budget is needed. In order to expend funds in 2008, a budget resolution must be approved by the Board appropriating these revenues for the current fiscal year. The attached Budget Resolution will accomplish this in accordance with Florida Statutes. .... , RESOLUTION NO. 07-374 WHEREAS, subsequent to the adoption ofthe St, Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of capital lease proceeds from the $1,400,000 Lease Purchase of water conservation equipment for the County's Rock Road correction facilities, WHEREAS, Section 129,06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 27th day of November, 2007, pursuant to Section 129,06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2007-2008, and the County's budget is hereby amended as follows: REVENUES 107-1940-383100-1542 Capital Lease Proceeds $1,400,000 APPROPRIATIONS 107 -1940-564000-1542 107-1940-572100-1542 Total Machinery & Equipment Interest $1,381,193 $ 18.807 $1,400,000 After motion and second the vote on this resolution was as follows: Commissioner Joseph E, Smith, Chairperson Commissioner Paula Lewis, Vice Chairperson Commissioner Doug Coward Commissioner Chris Craft Commissioner Charles Grande xxx xxx xxx xxx xxx PASSED AND DULY ADOPTED TillS 27TH DAY OF NOVEMBER, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY .. c AGENDA REQUEST ITEM NO. C-3E DATE: November 27,2007 REGULAR REtlJ!~ED PUBLIC HEARING CONSENT [Xl TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Request to approve Budget Resolution #07-375 to increase the 2007 SCAAP Supplement Grant award in the amount of $4,928 for fiscal year 2008 budget. BACKGROUND: On 07/24/2007, the BOCC approved the acceptance of the 2007 SCAAP State Criminal Alien Assistance Grant in the amount of $42,709. A supplemental award has been granted in the amount of $4,928. Total grant funds $47,637. FUNDS AVAILABLE: See attached Budget Resolution #07-375 PREVIOUS ACTION: Board approval to submit the grant application on 03/14/2006. RECOMMENDATION: Staff recommends the Board approve Budget Resolution #07-375 to increase the 2007 SCAAP Supplement Grant Award in the amount of $4,928 for the 2008 fiscal year budget COMMISSION ACTION: ~] APPROVED [] DENIED [ ] OTHER NCE: Approved 5-0 g Anderson County Administrator County Attorney: ~~. Coordination/Siqnatur~. "- Management & Budget: 1..qW n~ Other: Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable)~, . , RESOLUTION NO. 07-375 WHEREAS, subsequent to the adoption of the SI. Lucie County Board of County Commissioners budget for SI. Lucie County, certain funds in the form of a 2007 SCAAP Supplemental Grant Award in the amount of $4,928, WHEREAS, Section 129,06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of SI. Lucie County, Florida, in meeting assembled this 27th day of November, 2007, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2007-2008, and the County's budget is hereby amended as follows: REVENUE 107152-2110-331210-200 Department of Justice $4,928 APPROPRIATIONS 107152-2110-591900-200 Transfer to Sheriff $4,928 After motion and second the vote on this resolution was as follows: Commissioner Joseph E, Smith, Chairperson Commissioner Paula Lewis, Vice Chairperson Commissioner Doug Coward Commissioner Chris Craft Commissioner Charles Grande xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 27TH DAY OF NOVEMBER, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY . " . OFFICE OF MANAGEMENT & BUDGET MEMORANDUM #08-012 TO: Board of County Commissioners FROM: Marie Gouin, OMB Director SUBJECT: 2007 SCAAP Supplemental Award DATE: November 27,2007 On 07/24/2007, the BOCC approved the acceptance of the 2007 SCAAP State Criminal Alien Assistance Grant award in the amount of $42,709, A supplemental award has been granted in the amount of $4,928, Total Grant funds $47,637, Staff request approval of Budget Resolution Number #07-375 to increase the 2007 SCAAP Supplemental Grant Award in the amount of $4,928. :~ Mess&ge -Sophia Holt - FW: FY 2006 SCAAP Supplement Payment Page 1 o~ , From: To: Date: Subject: "William Simon" "Sophia Holt" 10/1112007 11:58 AM FW: FY 2006 SCAAP Supplement Payment -----Original Message----- From: Husted, Joseph [mailto:Joseph.Husted@usdoj.gov] Sent: Thursday, October 11, 2007 11:55 AM To: William Simon Subject: RE: FY 2006 SCAAP Supplement Payment The FY 06 Supplement amount is: St. Lucie County 2007-AP-BX-0268 $4,928.00 Approved Joseph Husted Master Key Consulting At U,S, Department of Justice Office of Justice Programs joseph. h usted@usdoj,gov -----Original Message----- From: William Simon [mailto:SimonW@stluciesheriff.com] Sent: Thursday, October 11, 2007 11:53 AM To: Husted, Joseph Subject: RE: FY 2006 SCAAP Supplement Payment Florida -----Original Message----- From: Husted, Joseph [mailto:Joseph.Husted@usdoj.gov] Sent: Thursday, October 11, 2007 11:49 AM To: William Simon Subject: RE: FY 2006 SCAAP Supplement Payment What state are you with? -----Original Message----- From: William Simon [mailto:SimonW@stluciesheriff.com] Sent: Thursday, October 11, 2007 11:31 AM To: Husted, Joseph Subject: RE: FY 2006 SCAAP Supplement Payment I don't know", .did we receive the money yet? Is it more? -----Original Message----- From: Husted, Joseph [mailto:Joseph.Husted@usdoj.gov] Sent: Thursday, October 11, 2007 10:34 AM To:SCAAP file://C:\Docunlents and Settings\Administrator\Local Settings\Temp\XPgrpwise\470EOFE7SLCMAILD.., 11/7/2007 _ Mtss~ge f Page 2 of2 Subject: FY 2006 SCAAP Supplement Payment Dear SCAAP Applicant, The Bureau of Justice Assistance program team is pleased to notify you that $39 million was added to FY 2006 SCAAP funds. Please note that the same calculation was used to determine this payment as the original FY 2006 award. An automatic payment should be sent to you today, October 11, 2007 unless your jurisdiction is awaiting vendor verification, Please email the SCAAP Helpdesk at Sc:;AAP@usclQjgov if you have any questions, Thank you, SCAAP Program Team Bureau of Justice Assistance Department of Justice file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\470EOFE7SLCMAILD... 11/7/2007 Messa.ge Page 1 of'"4 '\ Sophia Holt - RE: FY 2006 SCAAP Supplement Payment From: To: Date: Subject: CC: "Husted, Joseph" "Sophia Holt" 10/24/2007 9:28 AM RE: FY 2006 SCAAP Supplement Payment Sophia, My original answer was incorrect. The $4,928 is the supplement to 2007-AP-BX-0268 ($42,709). Joe -----Original Message--m From: Sophia Holt [mailto:Holts@stlucieco.gov] Sent: Wednesday, October 24,20079:14 AM To: Husted, Joseph Cc: SimonW@stluciesheriff.com Subject: RE: FY 2006 SCAAP Supplement Payment Hi Joseph, Just for clarification, the FY06 Supplement amount of $4,928 referenced the number of 2007-AP-BX-0268 which is the same as the $42,709 amount. Bill's previous e-mail asked if the supplement was an addition to the $50,793 award (this number is 2006-AP-BX-0645) of which you said yes. In order to amend the budget, I need to make sure that I am amending the correct award. Please verify if the $42,709 (2007-AP-BX-0268) is being amended or the $50,793 (2006-AP-BX-0645) is being amended. Thanks, Sophia Holt Sr. Budget Analyst St. Lucie County Office of Management & Budget Holts@co.st-lucie.f1.us (772) 462-1867 (772) 462-2117 >>> "Husted, Joseph" <Joseph.Husted@usdoj.gov> 10/23/2007 1:49 PM >>> Bill, Here are the figures on St. Lucie's FY 06 SCAAP award: St. Lucie County 2007 -AP-BX-0268 42,709,00 4,928 Joseph Husted Master Key Consulting At U.S, Department of Justice Office of Justice Programs joseph, h usted@usdoj,gov -----Original Message----- From: William Simon [mailto:SimonW@stluciesheriff.com] Sent: Monday, October 22, 2007 12:00 PM file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\471F104DSLCMAILD,., 11/7/2007 AGENDA REQUEST ITEM NO. C- 4a DATE: November 27,2007 REGULAR [] PUBLIC HEARING [ ] CONSENT [Xl TO: Board of County Commissioners SUBMITTED BY (DEPT): Cultural Affairs 0J:y ~ Jody B&~ector SUBJECT: Approve the Annual Art in Public Places (AiPP) Phase II Plan and authorize staff and AiPP committee to move forward with implementing the projects, BACKGROUND: The Art in Public Places (AiPP) committee has met several times to develop the annual plan for the County's public art program, At the October 11, 2007 AiPP meeting the committee recommended the Phase II AiPP Plan to be brought before the Board of County Commissioners, After the plan is approved, a call to artists will take place for the specific sites including but not limited to Lakewood Park, Lawnwood Park, and the new Clerk of Court Building. The AiPP committee will review the submissions and after a model is produced by three separate artists, a recommendation will be taken to the BOCC for final approval of the sculptures, Residents near each site will be recruited to assist on the subcommittee to select the sculpture for their area, The attached memo identifies the Phase I projects completed for $344,872 and this proposal for $650,000 for Phase II, FUNDS AVAILABLE: 665-7310-XXXXXX-700 Art in Public Trust Fund has a total of $742,954 available, PREVIOUS ACTION: In 1999, the BOCC approved the formation of the Art in Public Places ordinance number 99-07 and delegated the AiPP committee with implementation of it. RECOMMENDATION: Staff recommends that the Board approve the Annual Art in Public Places (AiPP) Phase II plan and authorize staff and AiPP committee to move forward with implementing the projects identified in the plan, COMMISSION ACTION: ~ APPROVED 0 DENIED o OTHER: Approved 5-0 E: Douglas . Anderson County Administrator Review and APpr*IS 1'I...t> 1VI(n~A County Attorney: I Management & Budget:~'q Purchasing: _ Originating Dept: Other: _ Other: Finance: _X_ (Check for Copy only, if applicable) Effective: 5f96 CULTURAL AFFAIRS MEMORANDUM #08-08 TO: FROM: Board of County Commissioners Jody Bonet, Director <...~~ Art in Public Places Annual Plan SUBJECT: DATE: November 27,2007 In 1999, the County approved an Ordinance Number 99-07 to fund an Art in Public Places (AiPP) program, The City of Fort Pierce also approved an ordinance that allows the two jurisdictions to partner on numerous projects, The County ordinance places 2% of a capital project that is over $50,000 into the AiPP Trust Fund account and 1 % of road projects, The ordinance limits the contribution from a particular capital project to not exceed $100,000, The total amount contributed to the County's Art in Public Places Trust fund since its inception was $1,087.826, A total of $344,872 has been utilized to complete projects listed in the Phase I list below, The proposed Phase II plan recommends allocating $650,000 of the County's remaining AiPP Trust Fund budget of $742,954 for several new works of art, a sculpture exhibition and associated educational programming, The Phase I projects listed below includes those that were funded with the Art in Public Places Trust Fund, Four of the projects had the following partners: the City of Fort Pierce - Partnership, City of Fort Pierce and Tradition -With Out Walls 1 Sculpture Exhibition, Florida Department of Environmental Protection Innovative Recycling Grant - Recycling Sculpture, and the Indian River Community College Foundation - Glass Sculpture that is currently being created, The St. Lucie County Cultural Affairs Council is pleased to submit this Art in Public Places Phase II Plan to the St. Lucie County Board of County Commissioners, The Art in Public Places (AiPP) Committee has ambitious plans for 2007/08 to serve the community by providing creative PUBLIC art, The plan identifies several projects that will be initiated in 2007/08. The plan is the work of the Art in Public Places Committee, a volunteer board oflocal citizens acting as advisors to the Cultural Affairs Council and the Board of County Commissioners, Phase I: Completed Projects during November 2003 to 2007 1, The Partnership - Marine Center Location 2, Sailfish - Manatee Center location 3, With Out Walls Temporary Sculpture Exhibition 4, Recycling Sculpture - 25th Street Administration complex 5, The Sapling - Heathcote Gardens entrance 6,9-11 Sculpture - Tradition Field 7, Indian River Community College Glass Sculpture 8, Pepper Park Mural 9, Three Arts View Magazines The committee recommends the following priority for public art that will be funded through the S1. Lucie County and the F1. Pierce Art in Public Places program: Phase II: Second AiPP Plan - 2007 to 2008 I, The Clerk of the Courts Building ($100,000 County) 2, Biennial With Out Walls 2 Sculpture Exhibition ($30,000 County/$30,000 Fort Pierce) 3, Avenue D Project - Continued from original plan due to site location issues ($45,000 County/$45,000 Fort Pierce) 4. Downtown Ft. Pierce Parking Garage ($85,000 Fort Pierce) 5, Avenue A Mural and other murals ($15,000 County) 6, Terry Thommes ~ Purchase sculpture ($30,000 County) 7, Martin Luther King Park Project ($60,000 County/ $60,000 FP) 8, Lakewood Park Project ($100,000 County) 9, Lawnwood Pr~iect ($100,000 County) 10, Concrete Plinths (pads) for Sculptures ($20,000 County) II, Contingency for interior art or other unforeseen issues ($20,000) TOTAL $520,000 - County $220,000 - Fort Pierce Maintenance Projects - On-going ($75,000 County) I, Murals throughout the County 2, Existing sculptures with bases and lights including: In a Nutshell, the Sapling, Sailfish, Recycled, 9-11, Navy Seal, CeeCee Lyle Ross and new pieces 3, Transit Benches Education Component ($25,000 County) Arts View, Web site, Artist Travel for Presentation during openings and symposiums, plaques, sculpture driving brochure/map, etc, AiPP Staff ($30,000 County) Cultural Affairs Director (in-kind County) Executive Assistant (in-kind County) Specialist to assist with temporary sculpture exhibition, call to artists, installation of work, annual maintenance survey Budget Summary Fort Pierce County Sculptures Maintenance Projects Education Staff - AiPP Specialist $220,000 $520,000 $ 75,000 $ 25,000 $ 30,000 TOTAL $220,000 $650,000 After the AiPP Plan is passed by the S1. Lucie County Board of County Commissioners, the AiPP Committee will select a chairperson for a sub-committee for each individual project. The sub-committee chairperson will work with the chairperson of the AiPP Committee to establish appropriate sub-committee members, The AiPP Committee Chairperson is responsible to the Cultural Affairs Council Board of Directors under the guidance of the S1. Lucie County Cultural Affairs Department Director for the completion of AiPP projects that have been selected from the 2007/08 AiPP Plan, At the monthly AiPP meeting, the sub-committee chairpersons will provide updates on their particular project and ensure that the process is followed as defined the Art in Public Places County Ordinance, As in the past, the sub-committee will present their recommendation to the AiPP Committee who will recommend the completed project to the Cultural Affairs Council Board, The Department of Cultural Affairs Director will present the proposed project to the St. Lucie County Board of Commissioners for final approval. Art in Public Places Committee Annual Plan 2007 I 2008 Executive Summary In 1999, the County approved an Ordinance Number 99-07 to fund an Art in Public Places (AiPP) program. The City of Fort Pierce also approved an ordinance that allows the two jurisdictions to partner on numerous projects. The County ordinance places 2% of a capital project that is over $50,000 into the AiPP Trust Fund account and 1 % of road projects. The ordinance limits the contribution from a particular capital project to not exceed $100,000. The total amount contributed to the County's Art in Public Places Trust fund since its inception was $1,087,826. A total of $344,872 has been utilized to complete projects listed in the Phase I list below. The proposed Phase II plan recommends allocating $650,000 of the County remaining AiPP Trust Fund budget total of $742,954 for several new works of art, a sculpture exhibition and associated educational programming. The Phase I projects listed below includes those that were funded with the Art in Public Places Trust Fund. Four of the projects had the following partners: the City of Fort Pierce - Partnership, City of Fort Pierce and Tradition -With Out Walls 1 Sculpture Exhibition, Florida Department of Environmental Protection Innovative Recycling Grant - Recycling Sculpture, and the Indian River Community College Foundation - Glass Sculpture that is currently being created. The 81. Lucie County Cultural Affairs Council is pleased to submit this Art in Public Places Phase II Plan to the 81. Lucie County Board of County Commissioners. The Art in Public Places (AiPP) Committee has ambitious plans for 2007/08 to serve the community by providing creative PUBLIC art. The plan identifies several projects that will be initiated in 2007/08. The plan is the work of the Art in Public Places Committee, a volunteer board of local citizens acting as advisors to the Cultural Affairs Council and the Board of County Commissioners. 1 Phase I: Completed Projects during November 2003 to 2007 1. The Partnership - Marine Center Location 2. Sailfish - Manatee Center location 3. With Out Walls Tempora~ Sculpture Exhibition 4. Recycling Sculpture - 25t Street Administration complex 5. The Sapling - Heathcote Gardens entrance 6. 9-11 Sculpture - Tradition Field 7. Indian River Community College Glass Sculpture 8. Pepper Park Mural 9. Three Arts View Magazines The committee recommends the following priority for public art that will be funded through the St. Lucie County and the Ft. Pierce Art in Public Places program: Phase II: Second AiPP Plan - 2007 to 2008 1. The Clerk of the Courts Building ($100,000 County) 2. Biennial With Out Walls 2 Sculpture Exhibition ($30,000 County/$30,000 Fort Pierce) 3. Avenue D Project - Continued from original plan due to site location issues ($45,000 County/$45,000 Fort Pierce) 4, Downtown Ft. Pierce Parking Garage ($85,000 Fort Pierce) 5. Avenue A Mural and other murals ($15,000 County) 6. Terry Thommes - Purchase sculpture ($30,000 County) 7. Martin Luther King Park Project ($60,000 County/ $60,000 FP) 8. Lakewood Park Project ($100,000 County) 9. Lawnwood Project ($100,000 County) 10. Concrete Plinths (pads) for Sculptures ($20,000 County) 11. Contingency for interior art or other unforeseen issues ($20,000) TOTAL $520,000 - County $220,000 - Fort Pierce Maintenance Projects - On-going ($75,000 County) 1. Murals throughout the County 2. Existing sculptures with bases and lights including: In a Nutshell, the Sapling, Sailfish, Recycled, 9-11, Navy Seal, CeeCee Lyle Ross and new pieces 3. Transit Benches 2 Education Component ($25,000 County) Arts View, Web site, Artist Travel for Presentation during openings and symposiums, plaques, sculpture driving brochure/map, etc. AiPP Staff ($30,000 County) Cultural Affairs Director (in-kind County) Executive Assistant (in-kind County) Specialist to assist with temporary sculpture exhibition, call to artists, installation of work, annual maintenance survey Budqet Summary Fort Pierce Cou nty Sculptures $220,000 $520,000 Maintenance Projects $ 75,000 Education $ 25,000 Staff - AiPP Specialist $ 30,000 TOTAL $220,000 $650,000 After the AiPP Plan is passed by the S1. Lucie County Board of County Commissioners, the AiPP Committee will select a chairperson for a sub-committee for each individual project. The sub-committee chairperson will work with the chairperson of the AiPP Committee to establish appropriate sub-committee members. The AiPP Committee Chairperson is responsible to the Cultural Affairs Council Board of Directors under the guidance of the St. Lucie County Cultural Affairs Department Director for the completion of AiPP projects that have been selected from the 2007/08 AiPP Plan. At the monthly AiPP meeting, the sub-committee chairpersons will provide updates on their particular project and ensure that the process is followed as defined the Art in Public Places County Ordinance. As in the past, the sub-committee will present their recommendation to the AiPP Committee who will recommend the completed project to the Cultural Affairs Council Board and the Department of Cultural Affairs Director to present to the S1. Lucie County Board of Commissioners. 3 INTRODUCTION TO AiPP PROJECTS FOR 2007/08 PHASE" PROJECTS Clerk of the Courts Buildinq - $100,000 County Funds The Clerk of the Courts Building in downtown Fort Pierce will offer an ideal AiPP site, This is an important location for a monumental work. The open foyer at the corner of Indian River Drive and Atlantic Avenue is a prime location for a vertical sculpture. This AiPP project is ready to begin with a call to artists as soon as the design guidelines are developed. Biennial With Out Walls 2 Sculpture Exhibition - $60,000 Total The second Biennial Outdoor Sculpture Exhibition is scheduled for 2007-08 and will present the work of Florida sculptors including artists from S1. Lucie County, west and north of the County. Following the David Hayes Outdoor Sculpture exhibit in 2004/05 the second Biennial will locate thirty pieces of sculpture throughout the County at libraries, schools, parks and other public spaces. This second Biennial demonstrates a commitment to Art in Public Places recognized at the national level for S1. Lucie County's continued and relevant AiPP program. This exhibit will serve to exhibit sculpture publicly and set the stage for S1. Lucie County to be a leader in large temporary exhibitions. The City of Fort Pierce Art in Public Places program will partner on this exhibition. Avenue D Sculpture - $90,000 Total The City of F1. Pierce and S1. Lucie County have invested local and grant funds to improve the east-west corridor of Avenue D in Fort Pierce. Although the AiPP had chosen an artist's design for the Avenue D round-about, it was determined that this particular sculpture may cause site hazard issues between pedestrians and automobiles. At this time, the committee would like to work with the same artist to locate a suitable site within the Avenue D corridor. The 4 City of Fort Pierce Art in Public Places program will partner on this project within the Lincoln Park Main Street primary corridor. Downtown Fort Pierce Parkino Garaoe - $85,000 Fort Pierce The City of Fort Pierce has initiated construction of a parking garage adjacent to City Hall. Although the public art proposed will be funded by the City of Ft. Pierce, the Art in Public Places committee will assist with the call for artists and review of the art work for this site. Avenue A Mural Replacement - $15,000 County Since the Mural in a Day that is on the south wall along Avenue A in Ft. Pierce requires repainting, it was suggested that a new design should be considered for this location. A mural subcommittee will review the status of all murals and then make recommendation for future guidelines for future one and renovation techniques for the existing ones. Terry Thommes Sculpture Purchase - $30,000 County The AiPP Committee has voted to purchase a piece of sculpture from the estate of sculptor Terry Thommes. Thommes a well known sculptor passed away in February of 2007 and was instrumental with Art in Public Places programs throughout south Florida. The committee will select one of the available sculptures that may be appropriate for one of the plans identified locations or on county land that furthers the scope of the piece. Martin Luther Kino Dreamland Park - $120,000 County / Fort Pierce Martin Luther King - Dreamland Park is an urban setting public park co-managed by St. Lucie County and the City of Fort Pierce. It is located at MLK Blvd. and Citrus Avenue. The park offers sheltered public gathering areas and baseball diamonds. The grassy field facing MLK Blvd. presents a great location for AiPP sculpture which 5 would be visible from MLK Blvd and Citrus Ave, The City and County will equally finance this project. Lakewood Reqional Park Proiect - $100,000 County Lakewood Regional Park is located in the northern part of the county and consists of 156 acres for passive and active recreation. There are several possible locations to place a piece of public art. The subcommittee will include members from the Lakewood Park area that will help determine the location and appropriate sculpture for this highly utilized park. Lawnwood Reqional Proiect - $100,000 County Lawnwood Regional Park is located at 25th Street and Virginia Avenue. It is one of the largest County parks that already have several baseball fields, soccer fields, and tennis courts. In 2008, the special needs shelter I gymnasium and a skate board park will be completed. Two possible locations for public art will be the skate board park and the berm around a retention pond fronting Virginia Avenue. The AiPP Committee will hold a call for artists to incorporate their work into the Skate Board Park - a possible earth work. The berm in front of the Special Needs Shelter will offer another opportunity for a public art piece depicting strength and safety for those needing the shelter. Since this site is located on a main roadway and public recreational space, the piece will receive significant exposure. Pads and Pedestals - $20,000 County The Master Plan for Art in Public Places and the original ordinance mandate the display of temporary and loaned art. To this end, the Council recommends that several pads and pedestals for sculpture be constructed at strategic locations, taking advantage of funding collaboration with the City of Fort Pierce. Several locations for this component of the program could be located at libraries, public parks 6 and public buildings; the committee will update the pad location list that was developed several years ago. Continqencv - $20,000 County This line item will be reserved for smaller pieces of art that could be utilized in public buildings, unforeseen items associated with the installation of a piece or other smaller item that was not considered at during the development phase of the plan. The AiPP committee will review the proposed project and cost before the AiPP funds can be expended on it. Maintenance of Existinq Public Art - $75,000 County The County and the City currently have a range of public art from the murals, transit benches, to the sculptures. To ensure the quality of the art is maintained, on-going maintenance is required, Funds will be utilized to complete the annual survey that is required by the ordinance to determine the condition of the public art and the restoration costs. The committee recommends that the maintenance funds set aside through the ordinance be utilized to ensure that the public art be surveyed, maintained and repaired if damaged by vandalism or weather. Staff - Art in Public Places Specialist - $30,000 The Cultural Affairs Director, Executive Assistant and AiPP Committee and Sculpture Subcommittee members provide in-kind time to ensure that the art work developed for the community is professionally constructed to withstand weather extremes. The AiPP places committee recommends that a specialist be hired to assist with the logistical aspects of this program including: assisting with the annual maintenance survey, developing specifications for call to artists, assisting with the installation and curatorial of temporary public art exhibits. 7 Educational and Outreach - $25,000 We recommend that the public outreach and program support component be continued with new issues of ArtsView Magazine, public workshops, mailings, quality locations for sculpture and identifying plaques. Community education programs also will include artist residencies at workshops or school programs coordinated with the opening of a new work of art. An educational curriculum could be developed as part of the With Out Walls 2 exhibition or as a stand alone curriculum for permanent exhibits, Tours of the sculptures could stimulate discussion and encourage the students (K-12, college, or outside groups) to develop their own art pieces. Discussions will continue with the City of Port 81. Lucie to encourage their adopting a program of formal funding for public art. The County's web site featuring Art in Public Places existing sculptures, programs and call for artists will be developed. The goal is to have all of the information regarding call to artists on the web sites including site location, permitting requirements, and insurance information. Thus, the web site will benefit the public and the artists and serve as an educational outreach tool. 8 AGENDA REQUEST ITEM NO. C- 4b DATE: November 27,2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Cultural Affairs JOdY~D;~ Approve the proposed lease agreement with individual Florida sculpture artists that will lease their work for the 2nd Biannual St. Lucie County sculpture exhibition, SUBJECT: BACKGROUND: A county-wide priority included in the annual Art in Public Places (AiPP) plans is to host an outdoor sculpture exhibition throughout the community, The first With Out Walls sculpture exhibition was in 2004/05, The AiPP committee sees this as a valuable way to demonstrate the many styles of art and make it accessible throughout the community, A total of thirty sculpture pieces will be shown and will be located on County and City of Fort Pierce property, The sculptures have been reviewed to ensure that they are structurally sound and their theme is appropriate for public viewing, The lease includes $1,000 for an eight month exhibition along with $250 for the artist to transport the sculpture to the County, City and County crews will assist with the installation of the With Out Walls 2 (WOW 2) sculpture exhibition. It is estimated that the total project may cost $60,000 and will be jointly funded by the City of Ft. Pierce and the County, The budget includes insurance, educational materials, installation of the pieces and the specialist time to curate the exhibit. Since other communities are interested in having the exhibition move to their area, AiPP may be able to recoup some of the specialist cost to reimburse the AiPP Trust Fund, FUNDS AVAilABLE: 665-7310-XXXXXX-700 Art in Public Trust Fund has a total of $742,954 available. PREVIOUS ACTION: In 2004, the BOCC approved the first outdoor sculpture WOW 1 exhibition that featured the works of artist David Hayes, RECOMMENDATION: Staff recommends that the Board approve the proposed draft lease agreement as prepared by the County Attorney's office with individual Florida sculpture artists that will lease their work for the St. Lucie County With Out Walls 2 sculpture exhibition, COMMISSION ACTION: ~ APPROVED D DENIED D OTHER: Approved 5-0 Douglas M, Anderson County Administrator Review and Approvals t>..At> n...~~ County Attorney: ~_p<f""'" Management & Budget:~...\.V( Purchasing: Originating Dept: Other: _ Other: _ Finance: _X_ (Check for Copy only, if applicable) Effective: 5/96 CUL TURAL AFFAIRS MEMORANDUM #08-09 SUBJECT: Board of County Commissioners Jody Bonet, Director ~ Approval of Lease Agreements with Florida Sculptures TO: FROM: The Board of County Commissioners has delegated the Art in Public Places (AiPP) committee to develop an annual plan of projects for the available AiPP Trust Fund budget. A primary and successful component of the first AiPP Annual Plan Phase I was the implementation of a county-wide sculpture exhibition that was entitled With Out Walls 1. The November 27, Consent Agenda Item C-Al authorizes approval of the entire AiPP Phase II plan that includes the second outdoor sculpture exhibition, With Out Walls 2, During the 2007 regularly scheduled AiPP meetings, the committee has been simultaneously working on the Phase II Annual Plan and reviewing potential pieces of sculptures to be included in this With Out Walls 2 Exhibition. Since it has been over a year since a permanent sculpture piece was unveiled to the public, the committee wanted the BOCC and public to see an immediate impact to this year's Annual Plan by the winter opening of the WOW 2 Exhibition, The With Out Walls 2 Exhibition will feature thirty sculptures throughout the community at libraries, parks, and other public spaces, Since the AiPP Trust fund received funds from capital projects throughout the county, the committee sees this as a good opportunity to spread public art throughout the community, Although the City of Fort Pierce will also partner on this project, the interlocal is still in the development stage and will be a future agenda item, As \'lith the first WOW, the AiPP committee expects national coverage of this exhibition, This exhibit will begin in early December and will run for eight months with most of the pieces removed before hurricane season. All of the pieces have been reviewed for structural soundness and appropriateness for family viewing. A unique aspect of this show is that it features Florida artists that are primarily located in the more rural areas of Florida. The artists also include women and other minorities which will demonstrate to the public that everyone has the opportunity to become artists. It is hoped to have a symposiwn in February 2008 that will features this work and incorporate educational programming for area schools and colleges, The entire project is funded through the Art in Public Places trust fund account that was created by Ordinance Number 99-07, The attached lease will be used as the County's main tool to rent the thirty sculptures for $1,000 from the artists, A $250 transportation fee is also included in the lease that was prepared by the Assistant County Attorney, Staff Recommendation: Staff recommends that the BOCC approve staff moving forward with the With Out Walls 2 outdoor sculpture exhibition by allowing the County to lease thirty sculptures from Florida artists, LEASE AGREEMENT This Agreement made this _ day of COUNTY, hereinafter known as "County" or "Lessee" and ,200_, between ST. LUCIE hereinafter known as "Lessor," WHEREAS, County and Lessor have agreed to lease the following named works of art: 1. All of which shall be in the possession of the Lessee at its premises located at: NOW, THEREFORE, the parties agree as follows: 1. Lease of Artwork: Subject to the terms and conditions set forth below, the Lessor rents to the Lessee the artwork above described for the term of eight (8) months commencing on 2, Rent and Transportation: The Lessee shall pay the sum of one thousand and 0/100 ($1,000,00) dollars as rent for the artwork for the initial term, plus two hundred fifty and 0/100 ($250.00) dollars for transportation costs. Payment to the Lessor shall be made in three lump sum payments, The first payment of six hundred and 0/100 ($600,00) dollars shall be made within thirty (30) days of the commencement of this Agreement, The second payment of four hundred and 0/100 ($400,00) dollars shall be made in two (2) months after the commencement of this Agreement. The third payment of two hundred fifty and 0/100 ($250,00) dollars shall be paid by the Lessee upon the Lessor removing the artwork at the termination of this Agreement, The third payment check request will be processed 30 days prior to exhibit closing and will be released when the sculpture is picked up, In the event of partial performance, Lessor shall be compensated only for services provided, 3, Ownership and Use: The artwork shall at all times be the sole and exclusive property of the Lessor, The Lessee shall have the right to install and move the artwork in its intended manner, to use photographs and other media images for brochures, television and promotion. G:\ATTY\AGREEMNT\LEASE\art work.wpd Page 1 of 6 4, Repairs: The Lessor shall maintain the artwork in good condition and shall be responsible for all costs of repair and replacement, No repairs shall be done without express approval of the Lessor and the artist who created each work. 5, Transportation: Lessor shall be responsible for the cost of transportation of artwork to the Lessee's premises prior to installation, and again back to Lessor's designated point of return following expiration of the Agreement period, Lessor shall be paid two hundred fifty and 0/100 ($250,00) dollars to cover the cost of transporting the artwork. 6, Insurance: The Lessee shall obtain insurance, minus the deductible, and maintain such insurance to the value of the leased artwork in regard to fire, theft, natural disasters and liability and will pay over the proceeds of such insurance to the Lessor upon the receipt of such proceeds, The insurance will not exceed $12,000 per sculpture. 7, Security Interests: The Lessee recognizes the security interests of the Lessor in the leased artwork and will cooperate in the filing of any forms necessary for the Lessor to perfect such security interests. Recognizing that artwork is portable and the security interests of the Lessor could easily be impaired, the Lessee grants the Lessor permission to enter its premises of the place where it has control over access to obtain the artwork upon the end of the Agreement term or upon default of the terms of this Agreement by the Lessee, 8. Indemnity: The Lessor will hold the Lessee harmless against any claims by third parties stemming from its possession and use of the leased artwork, 9, Continuation or Purchase: This Agreement may be continued by notice of the Lessee to the Lessor in writing thirty (30) days prior to the expiration of the initial Agreement term; the Lessor shall then have thirty (30) days to respond if an Agreement is acceptable on the current terms or if it wishes to change the terms or not release the artwork, The Lessee has an option to purchase the artwork above described, Failure of Lessor to remove the artwork from Lessee's premises within thirty (30) calendar days of termination of this Agreement shall cause the artwork to become the property of the Lessee, 10, Termination: Either party may terminate this Agreement with or without cause upon thirty (30) days written notice to the other. 11. Amendments: This Agreement is the only agreement of the parties and may only be amended in writing or by separate written agreement of the parties. G:\AT1Y\AGREEMNT\LEASE\art work.wpd Page 2 af 6 12, Assignment: The Lessee reserves the right to freely assign this Agreement, The Lessor, however, shall not assign this Agreement to any other persons or firm without first obtaining Lessee's written approval. In addition, the Lessor shall not have the right to assign any or all of its rights and interests under this agreement to any subsidiary or parent company, or any successor to its business through merger, consolidation, voluntary sale, or transfer of substantially all of its assets without the express written consent of the Lessee, For purposes of this paragraph, a transfer of substantially all of its assets shall be deemed to occur when the owner(s) of more than 50'Yo of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity, Any attempt to effect an assignment without Lessee's prior written consent shall be deemed a default subject to the remedies provided herein. 13, Notices: All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: With A Copy To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft, Pierce, FL 34982 St, Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft, Pierce, FL 34982 As To Lessor: xx or to such other address as any party may designate by notice complying with the terms of this Section, Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed, 14, Interpretation: Venue: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or G:IATTYIAGREEMNT\LEASElort work.wpd Page 3 of 6 written agreements between the parties with respect thereto, This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto, This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida, In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be exclusively in the Nineteenth Judicial Circuit for St, Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court, IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated, WITNESSES: ST, LUCIE COUNTY. FLORIDA BY: CULTURAL AFFAIRS DIRECTOR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: xx BY: Print Name: Title: G:\ATrY\AGREEMNT\LEASE\art work.wpd Page 4 of 6 EXHIBITION DATES LOCATION LENDER Name Address Telephone Credit (for label/ catalogue use) OBJECT(S) Artist or Culture Title/ Description Medium and Support Date of Object LOAN AGREEMENT CULTURAL AFFAIRS COUNCIL 2300 Virginia Avenue Fort Pierce, Florida 34982 Phone: (n2) 462-1767 * Fax (n2) 462-2117 G: \A T1'Y\AGREEMNT\LEASE\art work,wpd Signature/ Inscriptions Location of Signature/ date Dimensions of Actual Object (h x w x d) With Frame or Mount INSURANCE/SALES Value (estimated fair market value in U,S.) $ Is the work for sale? Selling Price (See conditions on the following pages) PUBUCITY Which of the following are available: B/W photographs Transparencies Color separations _ Slides _ Digital files _ Postcards, posters, Etc, It is understood that this work may be photographed, telecast, and reproduced for publicity purposes connected with this exhibition and for illustration in a brochure, Web site, calendars, and other publications, and that slides of it may be made and distributed for educational use, Amateur photographers may take pictures of this work for non-commercial use? SPECIAL INSTRUCTIONS Restrictions and/or special notes regarding handling, packing, shipping, installation, use of object(s), etc, G:\A T1'f\AGREEMNT\LEASE\ort work,wpd \ ~, . , ,.. AGENDA REQUEST ITEM NO. C- 4c DATE: November 27,2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [Xl TO: Board of County Commissioners SUBMITTED BY (DEPT): Cultural Affairs (LA ~ Jody Brnet, 9irector 1/ Authorize staff to submit a grant application to the Florida Humanities Council for a Highwaymen Artists Hall of Fame Heritage Trail that features an exhibit at the Historical Museum, SUBJECT: BACKGROUND: The Florida Humanities Council (FHC) has a major grant cycle due in early December with projects beginning in early April. The goal of this grant application is to improve our interpretation of our African American Art History throughout the community and at the Historical Museum, The FHC funded the initial grant for the award winning Zora Neale Hurston Dust Tracks Heritage Trail and would most likely fund a similar project focusing on the loosely knit group of artists known as the Highwaymen, The proposal will include recording of oral histories, development of a five smaller trail markers, two large kiosks and an exhibit for the historical museum, The grant will be for $25,000 with a $15,000 cash match and a $10,000 in-kind match that will include graphic development time and staff to install the markers, FUNDS AVAILABLE: 001-7910-531000-700 Historical Museum Professional Services, PREVIOUS ACTION: In 2001, the Board approved acceptance of a Florida Humanities Council grant for the Zora Neale Hurston Dust Tracks Heritage Trail. RECOMMENDATION: Staff recommends that the Board authorize staff to submit a grant application to the Florida Humanities Council for a Highwaymen Artists Hall of Fame Heritage Trail. COMMISSION ACTION: ~APPROVED [] DENIED [] OTHER: Approved 5-0 :W Douglas M, Anderson County Administrator Review and APprd~als ,D....t>\~ County Attorney: I~I Management & Budget~. ~I Purchasing: Originating Dept: _ Other: Other: Finance: _X_ (Check for Copy only, if applicable) Effective: 5/96 \ ... CUL TURAL AFFAIRS MEMORANDUM #08-10 TO: Board of County Commissioners FROM: Jody Bonet, Director ~ SUBJECT: Florida Humanities Council Grant DATE: November 27, 2007 The Florida Artists Hall of Fame award was established by the Florida Legislature in 1986 and recognizes persons living or deceased, who have made significant contributions to the arts in Florida either as performing or practicing artists in individual disciplines, The individual may be a native of the state or one who adopted Florida as home, Recipients of this award demonstrate the diversity of artistic accomplishment that comprises the rich cultural tapestry ofthis state, The State of Florida recognizes that the individual artist and benefactor are paramount and fundamental to cultural development. Since the Highwaymen contribute to Florida's national and international reputation as a state with a strong and sustained commitment toward the development of cultural excellence, Alfred Hair and the Florida Highwaymen were inducted into the Florida Artist Hall of Fame on March 24, 2004 in Tallahassee, Florida. Since the Florida Artists Hall of Fame induction is the highest cultural honor that the State of Florida bestows upon an artist and it all began here in Fort Pierce, its paramount that this story be shared with students, residents and tourists, The Florida Humanities Council $25,000 grant, $15,000 cash match, and $10,000 in-kind match will allow the Cultural Affairs Department share this great story through Historic Markers and an exhibit at the Historical Museum, The museum already have several Highwaymen and Beanie Backus paintings on display and have received a donation of the easel, painting table and other items used by the now deceased Highwaymen, Livingston Roberts, This is an important story that emphasizes the value of art education and personal strength of African Americans to achieve their goals during the times of segregation in the State of Florida. Staff Recommends: Staff recommends that the BOCC authorize submittal of a grant application to the Florida Humanities Council for the Highwaymen Artists Hall of Fame Heritage Trail and exhibit. .. f Ag-enda Request Item Number:_ c:5 DATE: November 27,2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: SUBMITTED BY : Board of County Commissioners PRESENTED BY: Economic & Strategic Development Michael Brillhart Economic Development SUB1ECT: Consider the First Amendment to the adopted FY06/07 Bid Fees/Sponsorships Grant Contract with the Treasure Coast Sports Commission (TCSC), BACKGROUND: The Board of County Commissioners adopted a Bid Fees/Sponsorships Grant contract with the TCSC in the amount of $30,000. The previously adopted Grant Contract was in effect through September 30, 2007. This amendment would extend this Contract with TCSC through December 31, 2007 and increase the total amount of the Contract to $40,500. The adaltlonal contract amount of $1 0,500 would provide the bid fees and sponsorship costs for those sponsored events under contract with the TCSC through December 31, 2007 as shown on Attachment 1, FUNDS AVAILABLE: Funds to be utilized toward the bid fees and sponsorships of events through the Treasure Coast Sports Commission in the First Amendment Grant Contract amount of $40,500 are identified within Tourist Development Trust account #611-5210- 582000-500. The Board of County Commissioners previously adopted a FY 06/07 Bid Fees and Sponsorships Grant Contract with TCSC on October 25, 2006 in the amount of $30,000, PREVIOUS ACTION: RECOMMENDATION: Staff is recommending approval of the First Amendment to the Treasure Coast Sports Commission Bid Fees and Sponsorships Grant Contract, r<] APPROVED [ ] OTHER: Approved 5-0 [ ] DENIED COMMISSION ACTION: f+~ County Attorney: ~ Originating Dept: Coordination/Si!1;natures , tJiI/- Management & Budget: 8ifl?l:.nviron. Resources: _ Finance: Purchasing: . I _~-l" ECONOMIC AND STRATEGIC DEVELOPMENT MEMORANDUM TO: Board of County Commissioners FROM: Michael Brillhart, Economic & Strategic Development Director DATE: November 12, 2007 RE: First Amendment to the Treasure Coast Sports Commission (TCSC) Bid Fees and Sponsorships Grant Staff has been working closely with the Treasure Coast Sports Commission (TCSC) regarding possible modifications to the current bid fees and sponsorships application process for sports events, These modifications are being considered in respect to anticipated reductions in tourist tax revenue coming to the County together with a reduced "aid to groups" line item within the County's TDC budget. TCSC is the current Recipient of tourist tax funding as reflected within the Tourist Development Trust account "aid to groups" budget line item category. Attached is the First Amendment to the Grant Contract with TCSC previously adopted by the Board of County Commissioners on October 25, 2006, This amendment will extend the Contract through December 31,2007 in order to provide reimbursement for bid fees and sponsorships for sponsored and contracted sports events as shown on Attachment "1", This amended Contract in the amount of $40,500 includes the initial Contract amount of $30,000 plus an additional $10,500 to cover bid fees and sponsorships for sports events contracted with the TCSC through December 31,2007, Staff and the Tourist Development Council (TDC) will continue to work closely with the TCSC in developing acceptable modifications to the bid fees and sponsorships application process for future sports events, Once this is accomplished, staff will present these modifications together with a FY2007/07 Bid Fees and Sponsorships Grant Contract to the Board of County Commissioners for review and adoption. . ( FIRST AMENDMENT TO OCTOBER 25, 2006 GRANT CONTRACT THIS FIRST AMENDMENT is dated this _ day of , 2007, by and between ST. LUCIE COUNTY, hereinafter referred to as the "County," and TREASURE COAST SPORTS COMMISSION INC., hereinafter referred to as the "Recipient." WITNESSETH: WHEREAS, on October 25, 2006 the parties entered into a Grant Contract which provided for the Recipient to receive funds to be utilized toward bid fees and sponsorships of events within St. Lucie County; and, WHEREAS, thc parties desire to extend the term of the Grant Contract through and including December 31,2007; and, WHEREAS, the parties desire to increase the total amount of the funds to forty thousand five hundred and 00/1 00 dollars ($40,500,00), NOW, THEREFORE, in consideration ofthe mutual promises contained herein, the parties agree to amend the Contract as follows: 1. Paragraph one shall be amended to read as follows: The County shall disperse to the Recipient a grant in the total amount of forty thousand five hundred and 00/100 dollars ($40,500,00), The County shall pay the Recipient fifteen thousand and 00/100 dollars ($15,000,00) within thirty (30) days following the execution ofthis Contract. The County shall pay the remaining fifteen thousand and 00/100 dollars ($15,000.00) to the Recipient in five thousand and 00/100 dollar ($5,000,00) increments with the last payment amount being five thousand five hundred dollars ($5,500,00), Payment to the Recipient of each five thousand and 00/100 dollar ($5,000,00) increment and the last payment of five thousand five hundred dollars($5,500,OO) shall be made within thirty (30) days of the Recipient providing the St. Lucie County Project Manager with a report on the previous expenditure of monies, The report on the event(s) funded by the grant shall include, but not be limited to, the number of attendees at the event, a list of hotels andlor other accommodations used by participants and attendees at the event, the number of room nights generated by the event and a copy of the brochure, flyer or 1 .. j poster used to market the event. The term of this Grant Contract shall begin on October 25,2006 and run through and including December 31, 2007, 2, All other terms and conditions of the Grant Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date first above written, ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS BY: COUNTY ATTOR'lEY ATTEST: TREASURE COAST SPORTS COMMISSION, INC. SECRETARY BY: PRESIDENT DATE: (SEAL) g: \ally' l:4.11""nIl~\k41lht:ril1C'.c(mLrJC1S\ I a.(C~~'f"".;.m 2 ,.. ATTALHlV1.l!-NT "1"' Treasure Life' Treasure Sports' Treasure Coast Tradition Field 527 NW Peacock Boulevard Port St. Lucie, FI 34986 Mailinl! Address: P.O, Box 882172 Port St. Lucie, FL 34988-2172 Phone 772-871-5458 / Fax 772-871-5426 www. TreasureCoastSports.or~ To: St. Lucie County TDC Staff Michael Brillhart Odaly Victorio Sponsored Events for 2007-2008 - St. Lucie County Dollars Oct 20-22 World Baseball Federation - $1,000 Noy, 1-4 Chiro Games - $3500 max, Nov, 3-4 FSGA Junior Golf Tournament - $1,000 Dec 8-10 USTA Tennis Tournament - $1,000 Dec 27- 29 Treasure Coast Holiday Basketball Classic - $4,000 March 5-8 NJCAA Swimming & Diving National Championships - $5,000 max April 25-27 USSSA Basketball Boys State Qualifier - $6,000 max May 9-11 USSSA Basketball Girls State Qualifier - $3,000 max May 30-1 USSSA Basketball Boys State Championships- $6,000 May 23-23 Dr. Aspi Memorial Swimming - $2500 July 4-6 USSSA Girls Fast pitch State B Championships - $2,000 July 11-13 USSSA Girls Fast pitch State A Championships- $4,000 Events that we are working on: IBC Baseball Feb 1-3 IBC Baseball June 20- 22 IBC Baseball - July 24- 31 National Championship Florida Premier Baseball - August " . ( .. AGENDA REQUEST ITEM #: C-6a DATE: Nov~ 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT ~] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson, Director SUBJECT: Request for approval to serve alcohol at the Indrio Road School House. BACKGROUND: Benny Johnson and Pamela Rohm are hosting their Wedding/Reception at the Indrio Road School House on March 15,2008. As part of the event, alcohol will be served and as required by County Ordinance 1-15-23, BOCC approval must be acquired, FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Benny Johnson and Pamela Rohm's request to serve alcohol at the Indrio Road School House on March 15,2008 during their Wedding/Reception. COMMISSION ACTION: [X] APPROVED [] DENIED [ ] OTHER: Approved 5-0 "/ ----. Doug Anderson County Administrator Coordination/Siq natures County Attorney: ~ Management & Budget: k-;UbliC Works Purchasing: Originating Dept: Other: Finance: (Check for Copy only, if applicable) ~--\ .-- BOARD OF COUNTY COMMISSIONERS PARKS & RECREATION DEI3RA GRISSON Director To: Board of County Commissioners From: Linda Barton, Asst. Director ?t::-- Subject: Agenda # C-6a/Serve Alcoholllndrio School House --Date: November 26, 2007 Benny Johnson and Pamela Rohm are hosting their Wedding/Reception at the Indrio Road School House on March 15, 2008. As part of the event, alcohol will be served and as required by County Ordinance 1-15-23, BOCC approval must be acquired. Cc: D. Brisson, Director L. Lowery, Asst. County Adm. D. Anderson, County Adm. File JOSEPH E. SMITH, DIStrict No, 1 . DOUG COWARD, Distflct NO.2' PAULA A. LEWIS, Di,rricr No.;) . CHARLES GRANDE, Di'trict NO.4. CHRIS CRAfT. DIStrict No.5 County Administrator. Douglas M. Anderson 2JOO Virginia Avenue · Fort Pierce, Florida J4982-5652 Phone (772) 462-1518 · Fax (772) 462-1940 · E-mail: brissond@co,st-Iucie.fl.us WWW.co.st-lucie.fl.us , .'.. ,"'." -., j . '~, < '.'. " ~"~ ...' ,,' ,,, ,...... . '..... ...... ........",..~....""....,. St. Lucie County Parks & Recreation Department Reservation Requestl Facility Use Permit '~L~@~~~,> , COUNTY'. FLORIDA Name of Group Address qZ Date: /0. d'/ Oq FacilityfPark Requested Phone: ~:J-). "btD. qJ.f 4 L <:7'00 ~" 00 Time: Fronil~to . (include set up & tear down Applicant Name Intended Use No. of People Expected to Attend I I ~ List any special circumstances, services, and I or materials needed 1) The:.tollowing capacity limits have been established: Indtio School House: 11'6 Walton Community Center: 130 Maravilla Park: 130 Facilities are intended to be used for recreational activities, not commercial ventures. The Parks and Recreation Department reserves the right to refuse rental for commercial ventures, events exceeding capacity limits or those deemed not to be adequately supervised. The Department may require security guard and/or unifonned officers depending on the event, at the renter=s expense, A county employee (AHouseman@) will be present and will be paid for by the renter, No rental shall last beyond midnight A penalty of$l OOlhour will be assessed after midnight, in additional to Houseman fees, 2) .jeneral Liability insurance in the amount of$1 Million per occurrenceJ$lmillion in the aggregate is required. Non-profit organizations (including family groups) can arrang:e for this insurance through the Recreation Department. Insurance rates vary depending on the number of attendees at the event. An insurance certificate must be produced showing St. Lucie County Board of County Commissioners as an additional insured, Products are included but not medical payments, Consumption of alcoholic beverages requires additional insurance, If selling alcohol, all applicable State pennits and an alcohol beverage pennit must be obtained and submitted to the Parks and Recreation Department. All fees. dep0'its and insurance documentation must be received no later than 2 weeks in advance of the rental, Failure to provide anyone of .he~~' -"ancellatjrm ofll rental. Any difference estimated and actual costs shall be paid at the end of the rental. 25% of rental fees will ~d 11, :l1ation m: . .'''c..g notification is not given at least 2 weeks prior to the rental period, ,d any visible 0 . " . observed by the Pennittee or brought to hislher attention by those persons using the facilities under this permit, said l'en,ilttef' ~hall not use th,.ty and shall report the visible danger to the Recreation Department at 462-1521 between the hours of8:00 AM to ), l) lnday through Friday, 5' PI, ,'- 00 NOT go on the fields if they have water on them, or if they are muddy, At no time will anyone alter, damage or deface the playing fi, 'Is, press box, concession stand, restroom or any part ofthe facilities under this permit. ,''l~session of permit is required while using facilities or outdoor areas, Failure to supply permit when requested by Director or his designee may Ie 1 removal from area, 7) } the d~ mll~tF 'es or outdoor areas must be left in clean and adequate condition as detennined by Director or his designee, A $100 deposit wi1\ be taken 'the rental of any of the ConununityCenters and returned if the fucility is left in clean and acceptable condition, If the Recreation Division t~e area, the deposit wi1\ be kept to cover the cost to clean, Any unused funds will refund, ,.Y '\ ~ "8llTIlJ.iUH!J(@jiE~~~'-~ COUNTY ~: FLORIDA~ ALCOHOL BEVERAGE PERMIT ST. LUCIE COUNTY PARKS AND RECREATION DEPT. (This fonn is to be used in conjunction with the Facility Use Permit) --- - ~ ), "P~{~ requo" a pennit to .<mS""" _ou.11 alcoholic beve es for on-site consumption at~ ~~ ~fl.Il1P on :;}., t ~ d.0:J'X' . Criteria for issuance of the permit I. An applicant must be at least 21 years of age. 2. An applicant must possess a valid driver's license or another fonn of identification containing a current address. 3. Application for permit must be completed and delivered to the Parks and Recreation Department at least 15 days prior to the event. 4. User must present a General Liability Insurance policy certificate for the date of use and a host liquor liability policy certificate each in an amount not less than one million dollars ($1,000,000) when the facility use permit application is submitted. 5. . ht the event any user intends to sell alcoholic beverages, they are required to meet all state requirements regarding sale of alcohol and obtain all required permits. Copies of said permits shall be submitted with the . facility use permit. 6. The user must pay the cost of security provided by the St. Lucie County Sheriffs Office. The fee is payable directly to the Parks and Recreation Department at the time of payment for the facility use. Conditions of Permit 1. Person signing the permit must be present during the event. 2. Area of pennit use will be confined to the area specified above. User shall be responsible for the behavior of any parties with the user's group. 3. User is responsible to ascertain that no alcoholic beverage shall be served to any person under the age of21. 4. Alcoholic beverages shall be sold/served only in conjunction with food sales. No alcohol will be served during the last 30 minutes of the user's event. 6. The user must abide by all other operational policies and procedures as set forth in the facility use permit. Any violation of any of these rules can result in termination of the event. 7. User is not to state that St. Lucie County is a sponsor or participant in the event. By signing, I agree to abide by the laws of the State of Florida as they apply to the consumption of alcoholic beverages, applicable St. ucie County ordinances and the conditions of this permit as set out above. . . ro.;;) oq plican Date Date State Permit Received Date Insurance Certificates Received 10/02 ~ .'~ .' . AGENDA REQUEST ITEM #: C.6b DATE: Nov.~'1.2007 REGULAR [] PUBLIC HEARING [ ] CONSENT [Xl TO: BOARD OF COUNTY COftHMISSIONERS SUBMITTED BY: Parks & Recu~~ation PRESENTED BY: Debra Brisson, Director SUBJECT: Request for appro'lral to serve alcohol at the Indrio Road School House, BACKGROUND: Teamst6Jlrs Local Union No, 769 is hosting its annual company picnic at the Indrio Road School House on December 1, 2007. As part of the event, alcohol will be served and as required by County Ordinance 1.15-23, BOCC approval must be acquired. FUNDS AVAilABLE: N/A PREVIOUS ACTION: NfA . RECOMMENDATION: Staff rel:ommends that the Board of County Commissioners approve Teamsters Local Union No. 7E)9's request to serve alcohol during its annual company picnic at the lndrio Road School HOUS~1 on December 1, 2007. ~] APPROVED [ ] OTHER: Approved 5-0 [ ] DENH::D E: COMMISSION ACTION: Doug Anderson County Administrator Coordi natio n/Sig natures County Attorney: d~ ..- Management & Budget: ~,/ Originating Dept: ) ._ Public Works: Purchasing: Other: Finance: (Check for Copy only, iif applicable) E0/G0 39\7d 815 Nma\7 5>1~\7d 0v61G9VGLL L0:01 L00G/E0/Gl ~.. ., /'. St. LlIlde County Parks & Recreation De~artl:l1ent R~servation Requestl Faciijty Use Permit ./,"" NameofGroQP ~Q'\s+-t.r.$"k.lttJ{)07~N Vdl'16/j . A.ddl'ilS.al./~a t/3~e_, S'u;-It ;3 . City:~r& Ixlid, Applicant Name 6t-e.ve {)'IV v.<, " Facility/Park Requetted "UJtJr 7 (:I ~~~,i ..rt'~Lu.se M Date('S)requ.iled&+urdaYi ])ee,. ,LaM!:f Intended Use (llJrYlf!6n Y f;1 11lJ'<J.- D~te; }(j .... q ~c'i-' lJp Code; 0 tJ5(..().-' Iftle Phone:~r7'~qr:r7 60 II . DfHYI.' ,fiJlh Time: Frolln' tl) ~ . (inchlde set up f!I. t~ar doYm), NIJ. of People ElCpede.d to Atte~d MOO A:toob<ll sJteoor~~ V ~~S . (Complete Alcohol Be'l't.rage ~l'mit) LI~t ~~'1 .pedal e1reUl1l1taneea; servic~, I11nd / or Jl1ateri;d. Dlllldede1tl'.tr i /?tit) (Ue ~S Srl!/Yl ~e.h6~ h tJJt,$t , l).1'he following capacity limits have been eatllbJiehi;;d: Jndrlo School House: 116 Walton Community Ccmtcr. 130 Maravilla Park; 130 Facilltles Il1'Cil intended tobe usod for recrellti\llllllllctivities, notcomDlllrclal ventu.res.. The Parks and Recreation D~pliltml!~treserv~ the right to refuse rental for commercial ventures, evetll.s exceeding capacity limitS or those deemed not tq be adequately ~u.pervi~(;d.' I'he lJepamnent may rcquire socurity SLW'dindlor l.IIli~~dl;"ffir;eT5 depending on ihe evmt,t\t the renter-s el(poIIse..Acol,Ip.tyemploYl;e.(./lJ1ol\se~n@) will be p1esent and will be pl/oid for ~y thnenter. hlo ren.tal shall .1ast beyond midiUght. Apenalty. oUl OO/hour will be aS$essBd after midn!3ht, in additioJlal to BOllllema[l fees. Z) Oeneral Liability mSUI'anc. in the amount ,)f$1 Million pOr o".cl,UTenC4f/S I millioll in the 199tesatll;s Teq1lired, Non~'lI",fit ol'l!atlb:ations (jncludil1H familv llI'oup$) can arrange for thi1:.lnsuranGe throu~h the Recreation D~lI1'lment. .lnSLlTlloce rate5 vary depending .on the number of attllndeee lit the event. An insurance conificate must be produced showing St. Lucie County Board Qf County Commissioners as an additional illSured. rrodu.~ are il1c;ludcd but not medic;lul payments. Consumption ofaJcoho1ic be\'el'age:9 requires additional lrunlIllncc.lhdlil\,\: lllcohQI, all applicablo Sta.te permits l10nd all alc9bol b~",eralle pennitll\l!.st be obtained and submitted to the Parks and Recreatioll PBPal.'tmlmt. 3) All feBS, deposits and in9Ut'ance documentation mu.st be received no later than 2 weeks in advancll of the nntal.FliilUl'O to provide an}' onll 0 thesl'J will re3U1t in olll1CMllation of the nnta.!.Any differl1llOOl eflthnattd lL11d act\l.lll costs shall be paid at the ll!ll! of the rental. ~5% of rental fees will bi: retained If cancellation orrc6ohedullrlg ootiticatiori is not given at leaSt 2 weeks prior to the rental pmod. 4) Should any vi~ibll;l d"'n~cr be ub~cn'ql1 ~'Y l:ho l'~n:lliUt:e or broughllr.l hWh,;-/ allenthm by thoslll pe~oll8 using the facjJjtic6 undel' this !,conit, said peunittee shall not USa the faciUty and shall r'J)Ort the. visible dang-er to the R.l(~reation Department at 46Z.1521.between the hoW's of 8:00 AMtQ5:00PmMondaythfl)ughFriday. .. . . . S) Plil~se DO NOT go on the fields if they bli~'~e water on them, or iithey ilftl muddy. At 110 time will anyone alter, dalnilge or det"a.oe mil playing; fieJds, pre~s bOl>, concession stand, n~stroortJor any part oftht!: f&ciJities under this permit .. . 6) PossC$sion of permit is required while u~irl~ fdCilities or outdoor areQ. Failure to supply permit whim requestild by oirector Q( his designe" may ~sult in rl!Tlloval from area. 7) Fat;:ilities or QUtdoor a.re1lS must be left in clean and adeql,18.te conditi011. as detenmlllld by Direaor or Ms designee. A $100 deposit will be . .lak~~ day of the 'rental ofany of the Coollnuxrity Centers and rel;Umed if\be facility ie left in clean and acceptflble condition. If tho . P~ec-el've fYrnie1 Del -.rl'2~oierl OJ.:-19ii.~sNo~"Y383,eptto cover the CO" to cleal'l; Any unused funds will refund. E0/E0 39\1d ::ilS Nlli-Jalt S>t~ltd 0l>61~9l>UL L0:01 L00G/E0/Gl 1 .. AGENDA REQUEST ITEM #: C-6c DATE: Novdl.)2007 REGULAR [ l PUBLIC HEARING [ l CONSENT [~ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson, Director SUBJECT: Request for approval to serve alcohol at White City Park, BACKGROUND: JoAnn Smiley is hosting a family picnic at White City Park on December 22, 2007, As part of the event, alcohol will be served and as required by County Ordinance 1-15- 23, BOCC approval must be acquired, FUNDS AVAilABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve JoAnn Smiley's request to serve alcohol during the family picnic she is hosting at White City Park on December 22, 2007, [Xl APPROVED [ ] OTHER: Approved 5-0 [ ] DENIED COMMISSION ACTION: Doug Anderson County Administrator Coord i nation/S iq n atu res Originating Dept: Management & Budget: Purchasing: County Attorney: Public Works: Other: Finance: (Check for Copy only, if applicable) .. . I t BOARD OF COUNTY COMMISSIONERS PARKS & RECREATION DEI3r..A 13r..ISSON Director To: Board of County Commissioners From: Linda Barton, Asst. Director c::J::7 Subject: Agenda # C-6c/Serve AlcohollWhite City Park -Date: November 26, 2007 JoAnn Smiley is hosting a family picnic at White City Park on December 22, 2007. As part of the event, alcohol will be served and as required by County Ordinance 1-15-23, BOCC approval must be acquired. Cc: D. Brisson, Director L. Lowery, Asst. County Adm. D. Anderson, County Adm, File JOSEHH E. SMITH. Disrricr NO.1. DOUG COWARD. Disrrict NO.2. PAULA A. LEWIS. Disrrict No. J . CHARLES GRANDE. District No.4' CHRIS CRAFT. District No.5 . Counry Administraror - Douglas M. Anderson . ." ..', i',~;, ..., '. 2300 Virginia Avenue · Fort Pierce, Florida 34982-5652 Phone (772) 462-1518 · Fax (772) 462-1940 · E-mail: brissond@co.st-lucie.ll.us www.co.st-lucie.ll.us ....... , ---== ~ COUNTY'. FLORIDA~ === ALCOHOL BEVERAGE PERMIT ST. LUCIE COUNTY PARKS AND RECREATION DEPT. (This fonn is to be used in conjunction with the Facility Use Permit) ~ :)0 ~"V\ ~~ I~ "P=tin.4at~~ ~ l"l"""apannitto",,",umo_o,,all alcoholic beverages for on-site co umption at Wk,te.. r i +1 / on J~ -';;" -IJ L; . Criteria for issuance ofthe permit 1. An applicant must be at least 21 years of age. 2. An applicant must possess a valid driver's license or another fonn of identification containing a current address. 3. Application for permit must be completed and delivered to the Parks and Recreation Department at least 15 days prior to the event. 4. User must present a General Liability htsurance policy certificate for the date of use and a host liquor liability policy certificate each in an amount not less than one million dollars ($1,000,000) when the facility use permit application is submitted. 5. . ht the event any user intends to sell alcoholic beverages, they are required to meet all state requirements regarding sale of alcohol and obtain all required pennits. Copies of said permits shall be submitted with the facility use permit. 6. The user must pay the cost of security provided by the St. Lucie County Sheriffs Office. The fee is payable directly to the Parks and Recreation Department at the time of payment for the facility use. Conditions of Penn it 1. Person signing the permit must be present during the event. 2. Area ofpennit use will be confined to the area specified above. User shall be responsible for the behavior of any parties with the user's group. 3. User is responsible to ascertain that no alcoholic beverage shall be served to any person under the age of 21. 4. Alcoholic beverages shall be sold/served only in conjunction with food sales. No alcohol will be served during the last 30 minutes of the user's event. 6. The user must abide by all other operational policies and procedures as set forth in the facility use permit. Any violation of any of these rules can result in termination of the event. 7. User is not to state that St. Lucie County is a sponsor or participant in the event. By ing, I agree to abide by the laws of the State of Florida as they apply to the consumption of alcoholic beverages, a plic ble St. L de County ordinances and the conditions of this permit as set out above. . //}-j'7-0 7 Date Date State Permit Received Date htsurance Certificates Received 10/02 ..~ t " '""~"''"-~,-,"...,.,. St. Lucie County Parks & Recreation Department Reservation RequestJ Facility Use Permit ~h~@F~;~" . H COUNTY'. FLORIDA - Nam,ofGmup ~#)J?:wiJ~;/el Address':) Ll31 6Jt {)Pv1 e (1 ; c-f- s f?l(l r-:- . l\ -,. 1 Applicant Name '" )/)'j -\ 11"\.1('\ ~'~'Vll l P 1 I FacilltylPark Requested l "") i Date: J{) -'/ 7 ~ {; ~ - Phone: lid. - J 7{) - "3 I (Pg Time: From EitlV'fo -5..3{) (include set up & tear down) Date(s) requested Intended Use 1:J. ~,;;( ~ -O~l Alcohol Sale!,'r Consumption? 'yeS (Comple.te Alcohol Beverage Permit) ~~ r\tIv,l:.rv\ LJNo. of People Expected to Attend .::rO ,[t~ List any,special circumstances, services, and I or materials needed 1) Th.e'following capacitylimits have been established: Indrio School House: 116 Walton Conununity Center: 130 . Maravilla Park: ri 0 Facilities are intended to be used for recreational activities, not conunercial ventures. The Parks and Recreation Dep'artment reserves the right to refuse rental fur commercial ventures, events exceeding capacity limits or those deemed not to be adequately supervi~ed. The Department may require security guard andlorunifonned officers depending on the event, at the renter=s expense. A county employee (AHouseman@) will be present and will be paid for by the renter. No rental shall last beyond midnight A penaltyof$IOOlhour will be assessed after midnight, in additional to Houseman fees. 2) General Liability insurance in the amount of $1 Million per occurrencel$1 million in the aggregate is required. Non-profit organizations (includin2 familv !!rOUDS) can arrange for this insurance through the Recreation DeDartmenl. Insurance rates vary depending on the number of attendees at the event An insurllnce certificate must be produced showing Sl. Lucie County Board of County Commissioners as an additional insured. Products are included but not medical payments. Consumption of alcoholic beverages requires additional insurance. If selling alcohol, all applicable State pennits and an alcohol beverage pennit must be obtained and submitted to the Parks and Recreation Department. 3) All fees, deposits and insurance documentation must be received no later than 2 weeks in advance of the rental. Failure to provide anyone of these will result in cancellation of the rental. Any difference estimated and actual costs shall be paid at the end of the rental. 25% of rental fees will be retained if cancellation or rescheduling notification is not given at least 2 weeks prior to the rental period. 4) Should any visible danger be observed by the Pennittee or brought to hislher attention by those persons using the facilities under this pennit, said Pennittee shall not use the facility and shall report the visible danger to the Recreation Department at 462-1521 between the hours 0[8:00 AM to 5 :00 Pm Monday through Friday. 5) Please DO NOT go on the fields ifthey have water on them, or if they are muddy. At no time will anyone alter, damage or deface the playing fields, press box, concession stand, restroom or any part of the facilities under this pennit. 6) Possession of penn it is required while using facilities or outdoor areas. Failure to supply pennit when requested by Director or his designee may result in removal from area. 7) Facilities or outdoor areas must be left in clean and adequate condition as detennined by Director or his designee. A $100 deposit will be taken the da~ ~r:the ryntal of any of the Community Centers and returned if the facility is left in clean and acceptable condition. If the Recreation Division must clean the area, the deposit will be kept to cover the cost to clean. Any unused funds will refund. AGENDA REQUEST ITEM NO: C-6d DATE: Novd"?, 2007 REGULAR [ l PUBLIC HEARING [l CONSENT [Xl REV~SEJ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: Interlocal Agreement/Use of North Dock/School Board "Science Under Sail" Program BACKGROUND: As part of its Marine and Oceanographic Academy-"Science Under Sail" Program, the School Board is requesting permission for the SN Denis Sullivan to dock at the "North" Dock AKA: Summerlin Dock located on South Causeway and have the fees waived. The requested dates are December 1 through December 14, 2007. The program is housed on the Harbour Branch Oceanographic campus located on the Indian River Lagoon. Staff has attached information regarding the program and the SN Denis Sullivan, Staff is requesting that the Board of County Commissioners approve the Interlocal Agreement, as drafted by the County Attorney, between the County and the School Board approving the use of "North" Dock for the School Board's "Science Under Sail" program December 1 through December 14 and approve waiver ofthe dock fees. PREVIOUS ACTION: N/A FUNDS WILL BE MADE AVAILABLE: N/A RECOMMENDATION: Staff is requesting that the Board of County Commissioners approve the Interlocal Agreement, as drafted by the County Attorney, between the County and the School Board approving the use of "North" Dock for the SN Denis Sullivan to dock for the School Board's "Science Under Sail" program December 1 through December 14 and approve waiver of the dock fees. COMMISSION ACTION: NCE: ~] APPROVED [] DENIED [ ] OTHER: Approved 5-0 Doug nderson County Administrator County Attorney: Originating Dept: ,,:.--,.,." Coord i nation/S iq natu res Purchasing: Other: Finance: (Check for Copy only, if applicable) BOARD OF COUNTY COMMISSIONERS PARKS & RECREATION Dmr..A GRISSON Director To: From: Board of County Commissioners . /7 Linda Barton, Asst. Director /0/ Agenda C-6d/lnterlocal Agreement! "North" Dock Use .... Subject: Date: November 26, 2007 As part of its Marine and Oceanographic Academy-"Science Under Sail" Program, the School Board is requesting permission for the SN Denis Sullivan to dock at the "North" Dock AKA: Summerlin Dock located on South Causeway and have the fees waived, The requested dates are December 1 through December 14, 2007. The program is housed on the Harbour Branch Oceanographic campus located on the Indian River Lagoon. Staff has attached information regarding the program and the SN Denis Sullivan. Staff is requesting that the Board of County Commissioners approve the Interlocal Agreement, as drafted by the County Attorney, between the County and the School Board approving the use of "North" Dock for the School Board's "Science Under Sail" program December 1 through December 14 and approve waiver of the dock fees, Cc: 0, Brisson, Director L. Lowery, Asst. County Adm, O. Anderson, County Adm. File JOSERH E. SMITH. DIStrict No.1' DOUG COWARD. DIStrict No.2' PAULA A. LEWIS. DIStrict No.:l . CHARLES GRANDE. District No.4' CHRIS CMr;. DiSrrict No.5 County Adminisrroror - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, Florida 34982-5652 Phone (772) 462-1518 · Fox (772) 462-1940 · E-mail: brissond@co.st-lucie.ll.us www.co.st-lucie.ll.us September 25, 2007 Doug Anderson, CO Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mr. Anderson, The Marine and Oceanographic Academy, as part of Westwood High School, in Fort Pierce is composed of 98 students encompassing S1. Lucie County. This program is housed on the Harbor Branch Ocea1'\ographic campus located on the Indian River Lagoon. Currently, MOA consists of 9th graders and will ~pand one grade level each year to complete a four-year school. As 8th graders, students applied to the !ViOA program by providing two letters of recommendation, completing an essay discussing their wishes in becoming a member of the MOA community, and an academic and discipline review. This innovative curriculum allows students to not only participate in their academic: needs, but to also e'ngage students in creating a community atmosphere, partaking in the management their school. This school is the first of its kind, in Florida, to work hand-in-hand with a research institute. Myriad field trips are being planned to give students hands-on opportunities. ". Students have been given a chance to take part in a lesson involving an expedition. This Science Under Sail entails an experiential study of nautical science, maritime studies and aquatic/marine ecology. The Sailing School Vessel Denis Sullivan is one of the best equipped boats for scientific investigation. The crew is accredited by both the American Associate for Sail Training, and the Association of experiential Education as a Sailing School Vessel by the U.S. Coast Guard. We are hoping to establish a working relationship with this vessel and our Marine and Oceanographic Academy, This proposal is being written to ask for permission for the above vessel to dock on the south side of the western point of the Fort Pierce inlet, and to have the dock fee waived. The approximate dates of this trip are December,~'through December.g/I"', The Denis Sullivan is 137' LOA, 24' beam and drafts 8.5'. " ... Please seethe attadied spec sheet. Iq _ ~ ~ ~J\SI.....~{\~-~. CO .. Ad' . h' . I ,170U"\.:\!<-ff 'LJhe"'-~b'I' ~f h' '-Y~ IVIr. n erson, your assistance In t is matter IS great y appr'::'c!atea. 'To a ora~t e passl .1 Ity 0 t IS t~p for our students' learning experience is tremendous. After reading John Steinbeck's The Log from the Sea of Cortez, students given a chance to involve themselves in their own expedition is incredible. It makes classroom learning a reality! Sincerely, ~tg," MOA Coordinator cc: Linda Barton ABOUT THE S/V DENIS SULLIVAN The Sailing School Vessel Denis Sullivan is a 137- foot, three-masted re-creation of a 19th century Great Lakes schooner. The vessel is built using a blend of traditional and modem construction methods and was designed to meet or exceed United States Coast Guard regulations for vessels operating as a Subchapter R (Sailing School Vessel) and a Subchapter T (Small Passenger Vessel). Although traditionally rigged, the Denis Sullivan is a modem educational sailing vessel with two 180 hp diesel engines, a scientific laboratory, 2 PC computer work stations, and modern communication and navigation equipment. She maintains single bunks in co-ed areas, shared toilets and showers, and limited storage. The vessel can carry up to 20 students overnight and 50 passengers single-day. She is complemented with 10 professional crew and educators. General Information Length Overall Displacement Tonnage Beam Number of Sails Mast Height Berths Fuel Capacity Sewage Capacity Main Engines 137' 156 tons 24' 10 95' 32 960 gal. 670 gal. 2 x 180 HP Length on Deck Gross Tonnage Draft Sail Area Heads Day Sail Capacity Fresh Water Capacity Grey Water Capacity Generator Navi!!:ation Eauipment & Electronics RADAR I Color Fish Finder I Chart Plotter I DGPS receiver I VHF Radio 3 SSB MF/HF Radio I Weather Fax I NA VTEX Receiver I Satellite Comm. Station I Auto Identification System (AIS) PC work Stations 2 Large Video Display 1 DVD/VCR I 98' 97 tons 8' 9" 5916 sq/ft 3 50 people 850 gal. 640 gal. 15 KW SamDlin!!: Eauipment Tow Winch 1000 meter y.;" wire Video Ray Scout ROV 1 Niskin Bottles 6 (2.5 L cap.) Gravity Corer I Ponar Grab 2 Plankton Sampling nets 4 Neuston Net I Bottom trawl I Microscopes (cmpd. & diss.) 5 Videoscope I Incubator 1 Centrifuge I Lamotte Surface Sampler I YSI 6600 Multi Parameter Sonde: (probes: turb, cond, DO, pH, temp, chiaro) 1 Hach DO Colorimeter II Filtrer Photometer Oakton pH tes tel' I SSEC Sun photometer 1 Distance Learnin!!: Eauipment 802.11 Antennae (II MB thru-put, w/4 nm range) 2 Inmarsat Capsat Fleet 77 communications satellite antennae (MPDS 64 kbps ISDN thru-put, global range) I Sprint Broadband Cellular Modem (400 kb thru-put, w/15-25 nm range) 1 Polycom Codec Camera (H.320 at up to 64kbps, Satellite & H.323 at up to 768kbps, TCP/IP network, wired or wireless) 1 October 24. 2007 CoastWatch Expedition Program Timeline (20 students) AM Activity: "Operating the Expedition" 8:00-8:15 DOCKSIDE -- WELCOME and ORIENTATION (:15 minutes) Ed Off Ed Officer greets students at Bus Have students use restrooms. if necessary Confirm that students are split into five groups of 5 and have name tags (Create name tags if necessary) Intra group leader, leaders review logbooks with students Escort students by groups to the vessel (stay on dock) 8:20-8:30 Boarding and SAFETY TALK (:10 minutes) Captain/Mate 8:30-9:30 CAST OFF and MOTOR TO INLET (1:00 hour) HBOI & MOA educators/scientists will familiarize students w! coastline PO) Group leaders will then familiarize students with vessel and objectives and goals for the day. (:20) Crew leaders assigned. go over setting sail in detail (:20) 9:30-10:00 SET SAIL (:30 minutes) Crew Set sail and take time to have students learn to belay to the pin. coil down etc. There is no need to rush! 10:00-10:05 SILENT SAIL (:05 minutes) All Maritime and natural reflection. followed by story. Content varies from the spirit of the Menominee Indians and the gift of the white pines for the ship's masts. history of ships, break from city life or law of conservation of energy. (Varies) 10:05-11 :45 NAUTICAL SCIENCE STATIONS (:20 minutes each) 10:05-10:25 Station 1 10:25-10:45 Station 2 10:45-11 :05 Station 3 11 :05-11 :25 Station 4 11 :25-11 :45 Station 5 Order of Rotation and Location: Watch (Quarter Deck) Tools of a Sailor (Propane Box) Set and Strike/ Sail Evolutions (Forward Pin Rail) Winch Operation (Starboard at Winch) Navigation (Pilot House) Instructors 11 :45-12:00 ANCHOR (: 15 minutes) Crew 12:00-12:15 LAKEWATCH De-brief (:15 minutes) All 12:15-13:00 LUNCH and clean up All Curriculum SfV Denis Sullivan 414.765.8640 wwwdiscovervworld.org October 24, 2007 PM Activity: "The Expedition" 13:00-13:40 Up Anchor Vessel motors to 1S' sample station Groups start preparing for sample stations Crew + Students Instructors 13:40-13:45 SAMPLE STATION Preparation talk (:05 minutes) Ed Off 13:45-14:15 SCIENCE SAMPLE STATIONS (:35 minutes with :5 rotation) Instructors 13:45-14:25 14:25 -15:05 15:05-15:45 - 15:45-16:25 Station 1 Blue Water: Oceanic Pelagic Station 2 Near Inlet Plume Just Off Beach: Neritic Pelagic Station 3 Inside at tidal creek mouth entrance: Sub tidal, uttoral Station 4 Up Intracoastal: Estuary Order of Rotation and Location: Watch: Ship Operations (Quarter Deck) Water Quality: Methodology & Representative sampling (Port side Amidships) Plankton & Sargassum: Diversity & Biomass (Propane Box) Remotely Operated Vehicle: Ecology thru Technology (Pilot House& Just Outside) , Benthos or Geology: Benthic Index or Gravity Core analysis (Starboard at Winch) 16:25-16:40 DOCKING All 16:40 -16:55 COASTWATCH De-brief 16:55 - 17: 15 Students disembark. Students will transport samples to lab for future analysis *AIl times and locations are tentative based on weather, this outline is subject to change "Chart HBOI to Ft. Pierce Inlet AND PROPOSED SAMPLE STATIONS on next page- Curriculum S/V Denis Su/fivan 414-765-8640 www.discovervworld.ora 2 .i ~ . NO III.~ _0 .! ~: , . - "'....11 f;~ ~ :,2 ;.El .. i.! ~,.c . ~i .. .r~ E. ~. ~ " . ~ M ~ o (l) > o ~ 1 o "" ." 0:) J, ." ..... ..t ~ c o ~ '5 V) .~ C' <!J q > ...... V) E ::> '5 .~ :, u . Exhibit' "A" r-....._....-~.- .... . . -' - :. _ ". " ~'i ,. . ", , : ',; ...<~ c' ..... .; " . .. : :\r.": . ~__o. .Dd , I PARKING I . , I , " I . ACCESS ROAD = ., t M U S'E U M' - -. - 0'.'_- - "!AT"--- ". .' j ! /' , . , -. " .. I i '. : . - FIRE A ~ Drain ! ,. I Drain j " " '" I I , .~ i , '" :210 ; I ~10 i .320 330 ~ I ~ '" , , , , .. , <: ... ... I 220 Dr,i~. I '" , --".-.,---,.,..,.-.,.~ I , .. <110 .~20 <130 , - -, , 230 . I ... , .. I I * I , .J 110 '120 PARKING: I I , ., I , 130 ., ., C ES; ., '" [~] ...... , , , , ,------~~~--------------- I , I I EJed~ ~ I ., I J / I I I I " 140 150 .... . '.:.\: -------------------------- ) 700 BOO PARKING I I I. I 1 I I 1 I , 1 I I , '" ELECTRIC ~.ojl" G: ) WATER WATER 702 802 . 71).4 '8~ .,-_.-...--:-.~~..~":"'- ':.--'"":':~.:.':'":':':...':~.-;..:~.':" .-- ":':'.''''''':-' :..'_:.,....~ ..........706. -~: -:-..:~:.. ~:::'::.::.:- :-::.::~.::-.:._.:.::::-:-~:-.:-:7 .--- - :- . :------l're'fn1.ses.-r,'............................. 810 . . . . 812 _...-~-_.--~N.ORTH-...... ... -..~ate ~ .- Bl4 815 B18 820 822 _...._. ._ ...._ ... INTERLOCAL AGREEMENT MARINE AND OCEANOGRAPHIC ACADEMY USE OF NORTH DOCK THIS AGREEMENT made and entered into this day of ,2007, between the SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA, hereinafter referred to as the "School Board" and ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "County." WHEREAS, the County owns a dock located on South Causeway Island, Fort Pierce, Florida, identified as the "North Dock", and hereinafter referred to as the "Facility"; and, WHEREAS, the School Board operates the Maritime and Oceanographic Academy ("MOA) which provides an opportunity for students to study nautical science, maritime studies, and aquatic/marine ecology; and, WHEREAS, the 2007/08 curriculum for the MOA will include an expedition on the sailing school vessel "Dennis Sullivan" (the "Vessel") as part of its "Science Under Sail" program (the "Program"); and, WHEREAS, the School Board has requested permission for the Vessel to use the Facility for the period December 1, 2007 through and including December 14, 2007; and, WHEREAS, the County is willing to enter into this agreement with the School Board to permit the Vessel to dock at the Facility in conjunction with the Program. IN CONSIDERATION OF THE MUTUAL BENEFITS received by each party, the parties hereto mutually agree as follows: 1. SITE. The Facility shall be that portion of the North Dock and parking areas identified on Exhibit "A". Any additional use of County dock space shall require the prior approval of the County Administrator. Except for handicapped parking, the School Board agrees that the School Board and its employees, agents, students, and invitees shall only utilize the parking area identified for School Board's use on Exhibit "A". All common areas, non-exclusive, will be as described in Exhibit "A" attached hereto. The School Board hereby acknowledges and agrees that its use of the Facility and all facilities pursuant to this Agreement shall be non-exclusive, except as otherwise noted on Exhibit "A", G: \arty \ogl"e.emnt \i nter 10 C \school.moa.d oc k.do c -1- and the County reserves the right to permit other uses of the remaining county dock space and facilities as it deems appropriate. 2. USE OF FACILITY. The School Board shall use the Facility to dock the Vessel in conjunction with the Program. 3. TERM. The Vessel will use the Facility pursuant to this Agreement beginning on December 1, 2007 through and including December 14, 2007, unless otherwise terminated as provided herein. In the event the weather or sea conditions require the beginning or ending dates to be revised, the School Board shall notify the County Administrator in writing to request such revision which request shall not be unreasonably denied. 4. SITE IMPROVEMENTS. The County agrees to maintain in good working order and make available to the School Board, at no charge, the pump-out station located at the Facility. The School Board shall use said approved marine sewage pump-out service for "black water" disposal. The County agrees to provide the proper fittings for the pump-out station and protective gated area around the pump-out station. School Board shall utilize the secured pump-out area for storage. Pump-out records and/or receipts shall be available for inspection upon request of the County. The School Board shall provide and/or maintain the Facility, in accordance with all legal requirements and shall further provide: A. Janitorial service for the Vessel, and the Facility as required. B. The parties acknowledge and agree that electrical service connections supplied by Fort Pierce Utilities Authority are available at the dock. Any additional necessary outlets for the vessel will be School Board's responsibility and must be installed by a licensed electrical contractor. C. All operating equipment privately or publicly owned. D. All plumbing fixtures. E. Security for Vessel, dock and parking lot, as required. F. The School Board shall not alter or modify any portion of facilities, or the improvements without the prior written approval of the County Administrator. G: \atty \ Qgreem r,t \ inter I oc \sc hoo I.cd I ,troi ni ng .do c -2- 5. Maintenance Responsibilities: The School Board shall, at its sole cost and expense, keep and maintain the in good and safe condition during the term of this Agreement. 6. Damaaes: Except for normal wear and tear, the School Board shall repair all damages to the Facility caused by the School Board, its employees, agents, or independent contractors. The School Board shall provide the County Administrator prior notice of any such repairs. Any repairs are subject to the approval of the County Administrator. The County shall be responsible for the maintaining the structural integrity of the Facility and for repair of normal wear and tear. The School Board shall notify the County promptly of any possible structural issues or wear issues as soon as possible. 7. Quiet Enjoyment of Property: The County covenants and agrees that so long as no default exists in the performance of School Board's covenants and agreements, the School Board shall peaceably hold and enjoy the Facility and all parts thereof free from eviction or disturbance by the County or any persons claiming under, by or through the County. 8. FIND and Florida Boatina Improvement Program Grant Agreement: The School Board covenants and agrees to use the facilities in a manner consistent with the terms of the grant agreement dated October 8, 1992 with the Florida Inland Navigation District and the grant agreement dated April 10, 1989 with the Florida Boating Improvement Program grant agreement. 9. Liability for Damage or Injury: The County shall not be liable for any damage or injury which may be sustained by any party or persons on board the Vessel while the Vessel is at or being operated away from the dock, other than the damage or injury caused solely by the negligence of the County. The School Board shall not be liable for any damage or injury which may be sustained by any party or persons on the Facility, other than the damage or injury caused solely by the negligence of the School Board. 10. Damaae or Destruction of Facility: If the Facility is partially damaged by the action and/or negligence of the School Board, but not rendered G: \atty\agreemnt\interloc\school.moa.dock.doc -3- unusable, the same shall be repaired with due diligence by the School Board from proceeds of the insurance coverage and/or at its own cost and expense, and a pro- rata adjustment of the rent hereunder for the period of School Board's business interruption, if any, shall be made. Any repairs shall be subject to the approval of the County Administrator. If the Facility is partially damaged by the action and/or negligence of the County or Public, but not rendered unusable, the same shall be repaired with due diligence by the County at its sole cost. 11. In9ress and EQress: Subject to rules, regulations, statutes, and ordinances governing the use of the facilities, the School Board, its agents, servants, patrons and invitees, and their suppliers of service and furnishers of materials, shall have the right of ingress and egress to and from the Facility. 12. NO DISCRIMINATION. Both parties to this Agreement agree not to discriminate against any person on the basis of race, religion, national origin, ancestry, disability, age, sex, or marital status in the operation of the shelter pursuant to this Agreement. 13. COMPLETE UNDERSTANDING. This Agreement contains the complete understanding of the parties, notwithstanding any previously written or oral understandings between the parties on the same subject. 14. NOTICES. Any notice, payment, or communication required or permitted to be given by any provision of this Agreement shall be in writing and shall be deemed to have been delivered and given for all purposes, whether or not the same is actually received, if sent by registered or certified mail, postage and charges prepaid, and addressed to the parties at the following addresses: As to School Board: With copy to: Superintendent of Schools 4204 Okeechobee Road Fort Pierce, Florida 34947-4514 School Board Attorney 4204 Okeechobee Road Fort Pierce, Florida 34947-4514 As to County: With copy to: St. Lucie County Administrator St. Lucie County Attorney G: \atty\agreemnt\ i nterloc\school.cd I.training .doc -4- 2300 Virginia Avenue Fort Pierce, Florida 34982 2300 Virginia Avenue Fort Pierce, Florida 34982 or to such address other address as the parties may from time to time specify in writing. Any such notice may at any time be waived by the person entitled to receipt of such notice. 15. AMENDMENTS. No amendment, modification, or waiver of this Agreement, or any part hereof, shall be valid or effective unless in writing and signed, and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other condition or subsequent breach whether of a like or different nature. 16. FURTHER DOCUMENTS. The parties agree to execute and deliver such further instrument and do such further acts and things as may be necessary or desirable to carry out the purposes of this Agreement. 17. SECTION CAPTIONS. Sections and other captions contained in this Agreement are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent, or intent of this Agreement or any provision hereof. 18. SEVERABILITY. Each provIsion of the Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 19. GOVERNING LAW. This Agreement and the rights of the parties shall be governed by and construed in accordance with the laws of the State of Florida. 20. INDEMNITY: INSURANCE. Subject to the provisions of Section 768.28, Florida Statutes, each party agrees to indemnify and hold harmless the other party for injuries or damages suffered as the result of negligent performance of the responsibilities outlined in this Agreement. Each party shall be responsible for determining whether to procure and maintain property/casualty insurance coverage on equipment and improvements owned by that party. In addition, the School Board shall provide Marine Protection & Indemnity Liability Insurance written on an occurrence basis, including product liability/completed operations, contractual liability, for a limit of no less than One Million and 00/100 Dollars, combined single limit for bodily injury, illness and property damage. The County shall be named as an additional insured on such policy. G: \a'tfy \agreemnt\interloc\schoo I.moa.dock.doc -5- 21. FILING; AMENDMENT. This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. This Agreement may only be amended by written document signed by all parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their respective names by their proper officials and under their official seals this day of , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney ATTEST: SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA By: By: Michael Lannon, Superintendent and Ex Officio Secretary Chairman APPROVED AS TO FORM AND CORRECTNESS: By: School Board Attorney G: \atty \agreem nt \i nter I 0 c \schoo I, cd I. tro i ni ng.da c -6- - .-... .. AGENDA REQUEST ITEM NO. C-6e. DATE: 11-2"-07 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [xx] PRESENTED BY: Debbie Brisson, Director SUBMITTED BY: Parks & Recreation/Recreation SUBJECT: Equipment Request No. 08-292/Budget Amendment 08-003 BACKGROUND: Staff would like to purchase a utility trailer for the Lincoln Park Community Center to transport several large inflatable children's amusement pieces when used at various locations in the county. This trailer will minimize damage to the pieces and injuries to staff that handle them. Being able to transport them increases their use and staffs opportunity to hold events away from the center. All approved capital equipment has been purchased and there is a balance of $2795 remaining. Staff has received a quote of $2995 for a suitable trailer and requests approval of a budget amendment in the amount of $200 from Operating Supplies to fully fund the purchase price. FUNDS AVAILABLE: Funds are available in 001-7216-564000-7102 (Lincoln Park Community Center/Machinery & Equipment) and will be supplemented by the budget amendment to fully fund the purchase. RECOMMENDATION: Staff requests Board approval Equipment Request No. 08-292 and Budget Amendment 08-003, for the funding and purchase of a utility trailer for the Lincoln Park Community Center. COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 Q / Review and Approvals County Attomey. ,ft' . Management & BUdge,-----.f'l> At:; Purchas;ng' Originating Dept.~ (tiT Other: .. Parks and Recreation Department Memorandum To: Board of County Commissioners F~m: Linda Barton, Assistant Director ~- SUbject: Approval of Agenda Item #c-~_e Date: 11/9/2007 Staff would like to purchase a utility trailer for the Lincoln Park Community Center to transport several large inflatable children's amusement pieces when used at various location~ in the county. This trailer will minimize damage to the pieces and injuries to staff that handle them. Being able to transport them increases their use and staff's opportunity to hold events away from the center. All approved capital equipment has been purchased and there is a balance of $2795 remaining. Staff has received a quote of $2995 for a suitable trailer and requests approval of a budget amendment in the amount of $200 from Operating Supplies to fully fund the purchase price. LB: em Attachment cc: D. Anderson, County Administrator L. Lowery, Assistant County Administrator Chron Fi Ie -, ~;... , ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008 DEPARTMENT: Parks and Recreation RECOMMENDED: X YES NO REVISED - Staff would like to purchase a utility trailer for the Lincoln Park Community Center to transport several large inflatable children's amusement pieces when used at various locations in the county. This trailer will minimize damage to the pieces and injuries to staff that handle them. Being able to transport them increases their use and staffs opportunity to hold events away from the center. All approved capital equipment has been purchased and there is a balance of $2795 remaining. Staff has received a quote of $2995 for a suitable trailer and requests approval of a budget amendment in the amount of $200 from Operating supplies to fully fund the purchase price. EQUIPMENT REQ#: EQ08.292 ACCOUNT#: 001.7216-564000-7102 " " ~ BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks & Recreation - LPCC PREPARED DATE: 11/8/2007 AGENDA DATE: 11/26/2007 TO: FROM: 001-7216-552000-7102 $200 REASON FOR BUDGET AMENDMENT: To urchase uti lit trailer for Lincoln Park Communit Center. SOCC A enda C-6G 11/26/07. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: n/a nla n/a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: , ~ BA08-o03 + ; AGENDA REQUEST ITEM NO. C-6f DATE: 11-'q-07 REGULAR [] PUBLIC HEARING [ l CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debbie Brisson, Director SUBMITTED BY: Parks & Recreation/Recreation SUBJECT: 1 ih Annual Boat Parade, Ft. Pierce BACKGROUND: The St. Lucie County Chamber of Commerce is requesting use of a portion of South Causeway Park in Ft. Pierce for the 17th Annual Boat Parade on December 7-8,2007. Included in the request is waiver of rental fees and permission to sell beer during the event. Since alcohol will be sold, County Ordinance 1-15-23 requires BOCC approval. Rates and fees total $200 for open space and pavilion rental. Copies of the Chamber's application and insurance documents are attached. FUNDS AVAilABLE: No funds are necessary for this request. RECOMMENDATION: Staff recommends Board approval of waiver of rental fees for the 1 ih Annual Boat Parade held by the St. Lucie County Chamber of Commerce. Also grant permission to sell beer during the event. COMMISSION ACTION: l>i APPROVED [] DENIED [ ] OTHER: Approved 5-0 Dougl sM. Anderson County Administrator County Attorney: Originating Deptj117 JJ:. Review and Approvals Management & Budget Purchasing: Other: Other: .. \ Parks and Recreation Department Memorandum From: ... Board of County Commissioners Linda Barton, Assistant Directorp" To: Subject: Approval of Agenda Item '. C-6f : Date: 11/9/2007 The St. Lucie County Chamber of Commerce is requesting use of a portion of South Causeway Park in Ft. Pierce for the 17th Annual Boat Parade on December 7-8, 2007. Included in the request is waiver of rental fees and permission to sell beer during the event. Since alcohol will be sold, County Ordinance 1-15-23 requires BOCC approval. Rates and fees total $200 for open space and pavilion rental. Copies of the Chamber's application and insurance documents are attached. LB: em Attachment cc: D. Anderson, County Administrator L. Lowry, Assistant County Administrator Chron Fi Ie . I 02/09/2007 08:25 7724622377 ll-~li-'I<l'r J.b:44 FHOM- PAGE 01/04 T-160 P002/007 F-5SS SL Lucks COUllty '-rb &: Recn~"l)ep.rtm.t Reservation a.q..atlll'aebity 'Use Permit ....., N.rnuff'''"'P 5:LC!t}JYJ/'J'I1eLtif tvfl1 RlEJft e -.../"S4f/it;..~~CIr. '/?SL. Applit:alltWlml ,'$A . ~p,t rJorel/lldl1r Fat,IIKy/hrItJCequelted ~ ~~ &'J~P'::iLC/ /ark. . ~. t i!'J_y /IJ I( $i. In} . D.ft(.)r&tJ1I~L, -At. .;Q~~ c... t.'k. ..u Fr I a V. PVVl. nol) rR4.. tJUL IIItcDckd.'Vlf: t:"P~4,'vlft I ..,co ~ /ff~'IJ~ X'",JusI-t.'cS No, .fjlevpJd~1ICtetJ to AtfEod {P 1ft 17t1JAtl'/Jul! 'BlJtlf r'~. ~ Fir S~~ .. . .AII:ollol SaJe Of cOo..mptioQ? :J't'er- Eml y. . (Conrplete J\lethal Bew:rap PlUIit). I . .,. . . ,..,.1." J .. ;jr P-"X <::'.-Hf!? A~;;'.sl- ,'. ',I..btaJQ'lIJIuiahirc.IllItu~.lIIrviUl,..lJ/o"IMfBIi."_"d o-/~?'fiCi t.Jv "'J~'''''', n'-lC,1tt '. l)1'h,'~UowbIg~JjAlillbavOb4lene~u.be4: . 'J1:trr, Ct:1c/e. -$PPleq.s !Qstye.qr . Judria Scboolllb'llSe: 11' WaltoIl Ctla:lllMliC)' ~ 130 D.tf; /~A7" . ZIp Collo: .5 '/f' g ~ 14/k'/:af/o'~/9.!1.3 ~..;;:LJ ,...: ,UJ';, ft.":.% 1- /4:.LI . 1'inIc; Fram I/),(Aw Idl'/1 f1l1.ch1de ICIt 'lip &: teat down) Mmvilla PfIIk 130 f-.:ilJti.llllUW imBllded to be UIed l'or taCItlatio.IICIi'Vitios. flOJ ~al YeIIlUlIt. 11lo hlb lIlld aeCl'talion Depastmeat 1esem~ tm: rigllt '0 refuse rlinlal flJt ~.l v8lltum, llvcnls l:Xetedifll 0lI)l<<clt)' I~ Q' 1hose deeIml4 _ eo lie IdOqUllfely su:p.m.d. The Deplr1mltlt ..y ~ seauity gumllJld/ot unifODl1Oll oftice.l$ dependlq on the eYClIt, It tile ~s 8Jlp8U8. A t.O@Iy I!qllo>," (AH~) will be In'S6nt anti. will &. plill fur hy!.be rBr. No mIIaI lIhall list beyond mWuiPt. A penalty orSHlOlho1lr will be IAlleued 8_ midmght. in Addilj__11o H~1baJJ ~(. 2) Obtai LiabJ'ity iDMI~ in rbc llIl10W Qf Sl MitliOll pel ~Sll1l11lioJlill the .... I. RlluiPd. N0IWIl'06t orcqj~t1lm' (inclutl.l>>I tBmllv /lM1m'} C*I'llll1lf&w. tor till. ;1Ul_ ~1IIlh~ JlMn.ai0ll n~ ~ JIlt. wt1.d.iq; 01 tbf DIl.llIbe1 of idUadees at the Mflt. A1111MW$Doe OIdlGIIdiI UWd 1111 ~ thowlng 8t. Lwli, Cowltt Ba.W of County Commi'fjOllOfa .. in addiliOlllJ in5llfOd. Produm mdnchldlMl. bur aotmed,iQJ "'Ji8lllJI3. ~vn ohlcoholic bMnll:uequiIw Iddiriaaal i.uaurance, If se\Un, &!coho\' all applicable S1IW pemrits and 11(I alcoW bevenp permit ftIJst be oblalu4lUld 8Vb1llitmi Iv dJo Parks and Reaeatkni .DejllUtn1snt 3) AD re., dllpOSib Ilnd .u.:m:0Q\C6 do~tion mII8t IMl te,,~ived ~ ,.;~~ 2 ____ia u..-~ 1If1iMl1'll1lla1. Faj{ura to pro'rida ~y l;lnc of t1i... will Jelllk iD Qll",lad~1 of the l'CIIItlll. .Any dj~ ._tad lAd utuII ~ u.U b, pajd at," -' OfrhlllWlaI. ~ti of tcl.ntld fees wi1l1le mdncd if ClIllCOD ilrion Of _bodulbig notlfiClltion iJ IIOt clYllll at ItUt 2 wetb prior GO "ItlWl .-riod. 4) 8botdd IIJJ,)' visible d.at\sBr be obselVed by tlw PenniUGlI or brought ItI bivtlor adeDtiolllly these pvnwis using tbe (acilitiei weier tiJi, petmit, laid ptl1J.littli Iblll lIl)t use the faality and slIall tqlon. tlIt: .amble dqet fA the h::ttation DepJrtimam at 462-1521 belMcn tbe hours of8:00 AMtoS:OOPmMondaytbmuallFridJY. . S) Pl_ .DO NOt so OIl tba fi.tde tflbt)' ha.... 'Nl1I8t ~ _ or ifthoy ~ 1JWMy. At no _ wll ~ flfe1; d.am88' or d.t1tisCt: the plaJiIll6clds, pl19 ~ c:oIlgll1l81a11d, ~OJU In eny p.rt oftbc laelUti" UlIderthi. pllrDIit. . 6) PllSK.~siOll (If pemm I. required wlW.e U';III hcilities or ollldoot atelI5. Fail1n'lo CU(lply pmnit wiant ~d by DIteotor ~t hi, dllll&nflll Itll)' result 111 (l1llO\lal from 1ItC8. '1) Fadlities Or o)\Iechor 1lfOlI' IllWlt b.ltIe in cleq and ~Iltcl coMitio.o. .. ..~ II)' D11Wt_ (Ill' hi. de~ ^ S I" di:polilc Will bo llIkcll the day otiU tR1f.81 of &II)' otrhe CotnmllDity CtIICtn lad nsllimllcl if the facility i$ 111ft ~n eJall18n4 ~18 tQJd!iClll. If thts RKrRtion DiviBivn m1l!lt Cllllll.ll tbB &rtB_mt denosit win btI btltt tn _ 1M "..... M "t....n 'nv II""'","" ",.."_ u.lI1 ..R.nd ~ '. 02/08/2807 02:29 7724622377 ~~-~I- ~I It:Sti ~HUM- Wj'.~, _~~. . ,.~_ . ,,,,. ...-_..~ . PAGE 02/05 1-156 P003/005 F-556 I) 11w VOIIP I)t individual. kl whom a pmc is iSSllfld .hall be liable foe any loQ, clamage, 8egJileIWe or hdII1y susfailllCl 'by Olhlll pfJl&OU(~) in dIeh peny. , ~ ~ ~dcnt:icl1l ofthB DpJlO'ltuaity aB'grdcd the ~ud, -.,eo. ro lGdomni& ~ 1felcl humlc&8 St. J..aq.' cCl'IUl&y, the R~o,a ~"'tb...An: $ll4l lIlY env!CIy06 of'tht St..Lue.i. Parlc:s IIId Rm'lltliOll ~ __ uy IQld all CliAilllS by Qt on bdwIf f1f say petSOfI or lepI entity Iri.mg 1to1ll AppJil:aUb!. use ofpremiSOI, the COIlIfuct of AppJiCllltw, blI.. or from any activhy pcnnillld by ~ ~i.canC ill or abcMlt !be promI..., and w{JJ &rtbor ~ and hill" 1IIUmIe:se.. CoIlaty, it. D8p~ IIId 'fulployett aN8t pedbrmaace 0' any Igl\lIlrIllIIlt on tho ~licastt><. Put, Dr lllWllg from III]' ut of llseJieence of the Appliclllll, o.t ., ottht AppUcant p~ or t.dsq fiom JIr1 act of neallpee oflhe Applic:w. or __ ofeb8 Applicalltao& agenta, ooDlndors, ~eea, or li~ 8fId iuDJlItld .piNt all COtt$, aI;rD/'Ile)'1:li f_. ~ptnliDll, lIIld llaOiliaes inc;\lI1wd In or abo\lt' ilI1 claim or P~K broQlbt theRO~ . ( h.. !lid QIIS &lIy undll!'ltaDd all qes JlI ft&Il1atiaoe If 8t.Iltll/llbove. , / sA ;;'rh~17 . PRINT NAME . ~~ .... . PoJR. . RECUA'tIOl'l DM 1/~q-01 DATE I.Rent (iucluding set upltesr down) FEES AND CHARGES FOR SERVICES; ~ ~ ; , 2.~ 7 3. rcoqnn~ A) HO\l9emaD Bl MailltetJallCe C) Private So&. D) Po1i~ri1f 4. orhcr oharps I 4 ( '1 Tsxtlll TOTAL Amount Collected $ P-IOReceipt# Dtlposit .ll.etumed S Date Tax BlesmptOrpdZ4tion? ATTACIITAXEDMPTC;PTIFIC.qJ 50 /, ~ e ~T F;,eM''i ,. / 02/08/2007 02:29 7724622377 ll-~I-'IU E:::$::J I:'HUM- PAGE 04/85 1-156 P004/005 F-556 ACORD. CERTIFICA TE OF LIABILITY INSURANCE OP 10 's~ Do\TE CINWOIlWiI 8~UC~S 10/01/07 PRODUCER THIS CERTlFlC,I,TElliI88UEDMA....l'TI:R OFINI'OIWATION 'OC~ Insur.D~ & Pi~RQial ONL V AND CONFllte NO RIGHTS UPON THIl' CERTIFICATe Katherine E. po.t HOLDEIl. THIS C!R'tIflCATE' DOES NOT AMEND. E'XTENb O~ 14~ MW e~Dt~l 'ark plaza, 10.2 ALTER TtlE COVERAGE Al'FORDED BY THE POUCII. 81:l0W. Por~ at. Lu~te ~ 34'86 i~QnG:?72-978-81'4 F~x:772~87iM8292 INSUR~ AFFORD!ffl) COVERAOl! NAlc ~ t<<IRIi" ~.: .. INbltL f'u. n~...u..=. ~. .231711 INSIRR B: .. 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".Q j ~. ....., g '1 ;'~ f .s ) .. , AGENDA REQUEST ITEM NO, c-7 A DATE: Nov, 27, 2007 REGULAR [ l PUBLIC HEARING [ l CONSENT [xl TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): CENTRAL SERVICES PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBJECT: Reallocate Funds in the amount of $36,888.04 Edlund Dritenbas Binkley Architects I #C03-D8-520 New Clerk of Court Building Project BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS WILL BE MADE AVAIL: 316-1930-562004-16012 (Buildings-Architectural Service) PREVIOUS ACTION: On May 22, 2007, Item No. c-10 B, the Board approved the Seventh Amendment to the September 1, 2003 Agreement (#C03-D8-520) to include additional architectural services; structural, civil, mechanical, and electrical for the Judicial Chiller Plant. RECOMMENDATION: Staff recommends the Board of County Commissioners approve reallocation of funds in the amount of $36,888.04 for payment of Invoice #4211, Edlund Dritenbas Binkley Architects for the New Clerk of Court Project. MISSION ACTION: ~ APPROVED [] [ l OTHER: Approved 5-0 DENIED ,/ Coordination/Signatures Mgt. & Budget: Ie,...:(/): ~ Other; D nderson County Administrator County Attorney: ,tr Originating DeP~ Finance: (Check for Copy only, if Applicabie) Purchasing Mgr.: Other: Eft. 1/97 H,\AGENDA\AGENDA-239 EDB CHANGE ORDERS-INVOICE.DOC . I MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: November 27,2007 SUBJECT: Reallocate Funds in the amount of $36,888.04 Edlund Dritenbas Binkley Architects I #C03-08-520 New Clerk of Court Building Project BACKGROUND: St. Lucie County entered into September 1, 2003 Agreement with Edlund Dritenbas Binkley Architects to provide professional architectural services on the construction of the New Clerk of Court Building Project. Edlund Dritenbas Binkley Architects has submitted Invoice #4211 for payment in the amount of $36,888.04. This amount reflects 5.7% of all additive change orders associated with the project and are items not due to errors and omissions of the Architect or his Consultants. This is in accordance with the September 1, 2003 Agreement: . Sec. 1-10 of September 1, 2003 Agreement- Per Article 1.3.9.2.9 Fees for services outside the scope of normal Architectural services per 1.5.5 . Sec. 1-11 of September 1, 2003 Agreement- Per Article 1.5.5 *The Architect shall be compensated 5.7% of the additive change orders for items not due to errors and omissions of the Architect or his consultants. Funds in the amount of $36,888.04 are available in Judicial Chiller PlanUConstruction and staff is requesting to reallocate these funds to Clerk of CourUConstruction for payment of Invoice #4211 to Edlund Dritenbas Binkley Architects. (Please See Attachments) RECOMMENDATION: Staff recommends the Board of County Commissioners approve reallocation of funds in the amount of $36,888.04 for payment of Invoice #4211, Edlund Dritenbas Binkley Architects for the New Clerk of Court Project. 1.3.9 PAYMENTS TO THE ARCHITECT 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensatiqn on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. ~ included in the ( . 1.3.9.2 }'-eimbursable Expenses are iol. aliliitisR t8 compensation for the Architect's services and include expenses ,incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, a~0ri5sil. si:R efts'''R ka"el aBli. GHl3DicteB~e, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; except those itemized .3 reproductions, plots, standard form doc'uments,postage, handling and delivery of iie I .4.2.] on page If- Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .s renderings, :!BedslD <IRQ. IRQ<:k 'IF€ requested by the Owner; (maximum of two) .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Paragraph 1.5.5; .8 other similar direct Pro'ect-related enditures. .9 Fees for services outsid~ the scope of normal Arcnitectural services per'l.s.s.:I 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaJ.ru.r1flo"a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. . =-) ~ 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. This Agreement comprises the documents listed below. 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AlA DocumenL B14H997. , as modit ied . 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AlA Document B141-l997. Elf aD wlls'''s: as modi fied. (List other documents, if any, delineating Architect's scope of services.) 1.4.1.3 Other documents as follows: (List other documents, if any, forming part of the Agreement.) AlA Document A201-2997 Edition .,__ ..:...l~....~ II C ....""....,....;...1-.. ,...,.,.. ........l ...ill ...,10.1..... .\,.. ..i....I~...... ....1......,.1 .......c...~.~;^.. I 1'., i i .i I I I I I 'I 1,'1 I!:I '11 II" , 11 'I" : ii 'III 'I il !.)I :,1 nil I '" " o. .0- 0..".... .'0. oCI::;J:>:<:> c:=:J (01997 AIA@ AlA DOCUMENT 8141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N,W. Washington, D,C. 20006.5292 I...... :--II) j,' " ARTICLE 1.5 COMPENSATION 1.5.1 ):or the Architect's ,;en'kes liS descrihed IImlcr Article 1.4, conipensatinn shall he cl>mpuled as follo\\'s: Compensation shall be a fixed stipulated sum of $376,552.00 combined with $87,202.00 in reimbursable expenses itemized in 1.5.5. for a total of $463,754.00, Compensation shall be in two p~~~es as such: Phase I Schematic Design Documents 15% $ '69,563.00 Design Development Documents, 20% $ 92,751.00 $162.3)4.00 Sub-Toeal I ~?AFI."U OQ :Ze>rfJ,l,89.~ $ 23,188.00 $ 69,563,00 $30).440.00 Sub-Toeal II --~ 7 -I' ._1. -. i ) - l' Revised 16 July 2003 1.-4.2 Special Terms and Conditions. Special terms amI condilions IhaL modify Ihis Agreemenl are as ("lInws: See Articie 1.6.0, page 1-]3, **Phase II Working Drawings Bidding and Negotiations Phase Construction Administration 45% 05% ]5% ~~ \.~ott; \~.r ! p.o. 04; 1-\~ J.5.2 If lh~ llCrvices of lh~ Archilect are changed as described in Suhparagraph 1.3.3.1, lhe Archilect's CPl11l'ensalion shall he adjusLed. Such adjustmenL shall be calculaled as described below or, if 110 melhod of adjustmenL is indicaled ill tltis Paragraph 1.501. in all equilable manner. * See bottom of this' page, . (/lUen bdsis of C/lllll'cnJl/li"n. includiJ/g ral.s arul ","Mplos of Direa Personn.1 F.xl'"'''. for l'ritldl'lI/s ,11I'/ .",p/oyus, II/IlI ido"tify l'ritlril'als ami dassify .."p/ayee., if required. J.lemi[y specific ...rvice. 1<' h'lIJch panic- Il/ur methods CJfC/lII/l'eltsDli''''IIPI'iy.) If Design, Bid, Build delivery is applicable and should the scope of work change, and the construction budget is increased, the Owner and Architect will re-negotiate compensation using the attached DMS scale, or by applying the following hourly rate scale: Paul Dri~enba8. Greg Edlund. John Binkle,.. Architects $110.00 per bour Projec~ Architects $85.00 per hour lntern Architects $75.00 per hour CAD Technicians $65.00 Per hour Clerical and Administrative $38.00 per hour 1.5.3 fill' n Change in Serviccs of the Archilecl'sconsultanls. compensation shall be cnmpuled as a mulliple of one point one zero (I. 10 ) times Ihe amounLs billet.ltClthe Architect !ill' such services. 1.5.4 POI' Heimbursable Expenses as described in Subparagraph 1.;;.9..2, and any olh",' itcms included in Paragraph 1.5.5 as lleimbursable Expenses, the compensaLiun shall be cllmputed as a multiple of One point one zero (I. 10 ) times Lhe expenses incurred by the An:hilecl. and the Architect's emplO).ees and consullanls; r7.;:;1 Other Ileimbursable Expenses. if any. are as follows: ~ attached breadkdownof reimbursable expenses titled.1I1.5,5 Reimbursable Expenses Summary for Lump Sum Submittal", page 1-14. * The Architect shall be compensated 5.7% of the additive change orders for items not. due to errors and omissions of the Architect or his consultants. ** Phase II services shall not commence until a written "notice to proceed" is issued to Architect from Owner. WARNING; UnUciI!.n:sed pholocopyln8 vlol.te, u.s. Coprrilhl ww; .nd wW sublett Ihto vk>>alOt 10 leBa! proiecullon. I -c:;r A.. . T T -.".z rT /rr.....T n ...,. n -::r >k T^T,...::r ~ s:-: ~ n 7 RIll .. . " 6. .0 __4. _.. .'0 -" a:::1S<:> t::::=l 0199/ Al^iIl AlA DOCUM.ENT 8141-1991 STANDARD FORM AGREEMENT The Amertcan II1SlitHI('" of Archil..:l. )735 New York A.el1lJe. N,W, washinglon. D,C. 10006-5191 F:n -lZ '90 .. I I'! I I' EDLUND. DRITENBAS . BINKLEY ARCHITECTS AND ASSOCIATES, P.A. Members of the American Institute of Arohitects AR# AACOOO886 Invoice INVOICE # 4211 BILL TO St. Lucie County Clerk of the Court 2300 Virginia Ave, Fort Pierce, FL34982-5652 PROJECT # 040503VB CHANGE ORDER DATE DESCRIPTION AMOUNT RATE AMOUNT Project Name: St. Lucie County Clerk of the Court Office Building In accordance with the Owner-Architect Agreement dated 12/17/02, the total amount of this invoice is due at this time for the architectural service and reimbursable items listed below, for the period ending 9/28/07. A complete internal audit was done on all approved Change Orders on the Clerk ofthe Court project. Per Article 1.5.5 of the Owner-Architect agreement dated 17 July 03, we are entitled to 5,7% of the additive change orders for items not due to errors and omissions of the Architect or his Consultants. CO#3 Grease Interceptor, Plumbing (PC#3) $ 9,881.00 5.70% $ 563,22 CO#3 Southern Bell Revisions (PC#11R) $ 19,396.00 5.70% $ 1,105.57 CO#3 Asphalt Cut & Patch (PC#5) $ 3,116.00 5.70% $ 177.61 CO#3 Comcast Related Changes (PC#18) $ 4,491,00 5.70% $ 255.99 CO#5 Bridge Tie-In Granite Removal (PC#30A) $ 12,459,00 5.70% $ 710,16 CO#5 Entry Ceiling Modifications (PC4) $ 8,930.67 5,70% $ 509.05 CO#5 Misc, Electric Revisions - Conduit to Lease $ 6.108.00 5.70% $ 348,16 Spaces (PC20-E part of PC#20R-Revised) Total Payments/Credits Balance Due 65 Royal Palm Pointe. Suite 0, Vera Beach, FL 32860 Vera Beach 772/689-4320 Deerfield Beech 954/429-0996 Fax 772/689-9208 Fax 964/421-8289 .. / , Invoice BILL TO St, Lucie County Clerk of the Court 2300 Virginia Ave. Fort Pierce, FL 34982-5652 PROJECT # 040503VB CHANGE ORDER DATE DESCRIPTION AMOUNT RATE AMOUNT CO#7 Site Revisions Sheet AI-R (PC#14R) $ 37,159.00 5.70% $ 2,118,06 CO#7 Comcast Service Raceway (PC#33) $ 2,917.00 5.70% $ 166.27 CO#7 Alternate Transformer (PC#34R) $ 20,599.00 5,70% $ 1,174,14 CO#7 General Drawing Revisions (PC#37) $ 20,970.00 5.70% $ 1,195.29 CO#7 Utility Coordination (PC#38) $ 8,242.00 5.70% $ 469.79 CO#9 Shielded T-Former T-13 (PC#34A-R) $ 9,100.00 5.70% $ 518.70 CO#9 Security Control Revisions (PC#43R) $ 41,842.00 5,70% $ 2,384.99 CO#9 Modular Wiring Components - Owner requested additional $ 28,627,00 5.70% $ 1,631.74 circuits on generator. (PC#3A) CO#9 Sanitary Sewer Connection (PC#46) $ 15,326.00 5.70% $ 873.58 CO#9 General Drawing Revisions (PC#45) $ 7,302.00 5.70% $ 416.21 CO#9 Mechanical Room Hose Bibs (PC#50) $ 2,429.00 5.70% $ 138.45 CO#10 Chilled Water to Room 333 (PC#51R) $ 39,118.00 5.70% $ 2,229.73 CO#10 Security Cable & Wiring (PC#43R-A) $ 33,498,00 5.70% $ 1,909.39 CO#10 Interior Finish Changes (PC#53R) $ 12,734.00 5.70% $ 725.84 CO#13 Added Lighting Circuiting along IRD & Atlantic (PC#65) $ 13,695.00 5.70% $ 780.62 Total Payments/Credits Balance Due ~ \ Invoice INVOICE # 4211 BILL TO St, Lucie County Clerk of the Court 2300 Virginia Ave. Fort Pierce, FL 34982-5652 PROJECT # 040503VB CHANGE ORDER DATE DESCRIPTION AMOUNT RATE AMOUNT CO#13 Pederson Plastering (PCO#73) $ 2,640.00 5.70% $ 150.48 CO#13 Landscaping Modification (PC#821 $ 880.00 5.70% $ 50,16 CO#13 Revised Cone, Curbs, Ramps, Pavers (PC#81R) $ 26,952,00 5.70% $ 1,536.26 CO#16 Add Temp Chilled Water Line (PC#52.05) $ 12,699.00 5.70% $ 723.84 CO#17R Add Inergen Tank @ Larger Compo Room (PC#88ADD) $ 4,088,00 5.70% $ 233,02 CO#17R Revised Walls, Paint, Trim (PC#60R) $ 24,136,00 5.70% $ 1,375.75 CO#17R Revised C. Tile Floors in Restrooms (PC#85R) $ 15,250,00 5.70% $ 869.25 CO#18 Revised FPUA Utility Modifications (PC#58R2) $ 54,269,00 5.70% $ 3,093.33 CO#18 Flooring Modifications (PC#80) $ 77,320.00 5,70% $ 4,407,24 CO#19 Epoxy Logo (PC#36) $ 5,281.00 5,70% $ 301,02 CO#19 Parking Lot Revisions (PC#61) $ 65.704.00 5,70% $ 3,745.13 NOTE: A second invoice will be sent at project completion for any outstanding change orders not included on this invoice. Total $ 36,888.04 The total amount of this invoice is due and payable 30 days from the Payments/Credits $ - date hereof, Interest on overdue accounts shall accrue at 1.5% per month. Balance Due $ 36,888.04 ,- . AGENDA REQUEST ITEM NO. c-7 B DATE: Nov. 27, 2007 REVISED REGULAR [ l PUBLIC HEARING [ l CONSENT [xl TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: Downtown Chiller Plant City of Ft. Pierce-Fort Pierce Utilities Authority Utility Easement For Gas And Water Line BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the City of Ft. Pierce utility easement for gas and water line for the use and benefit of the Fort Pierce Utilities Authority for the Downtown Chiller Plant, authorizing the Chair to sign the Easement. MISSION ACTION: ~ APPROVED [l DENIED [ ] OTHER: Approved 5-0 County Attorney: )--' Originating Dept: e~ Finance: (Check for Copy only, if Appiicabie) Coordination/Signatures Mgt. & Budget: Other: j",~ (JoAnn Riley-Property Acquisitions Mgr.) Purchasing Mgr.: Other: ~I c.? ..:5' Elf. 1/97 H,\AGENDA\AGENDA-243 CHILLER PLANT UTILITY EASEMENT-WATER & GAS.DOC , ... -'lo MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: November 27,2007 SUBJECT: Downtown Chiller Plant City of Ft. Pierce-Fort Pierce Utilities Authority Utility Easement For Gas And Water Line BACKGROUND: Construction of the downtown Chiller Plant is well underway and gas and water line will be needed for this site. Fort Pierce Utilities Authority will provide these services and is requesting a Utility Easement For Gas and Water Line to do so. Attached for review and approval are: . Easement prepared by the Fort Pierce Utilities Authority of the City of Ft. Pierce. . Sketch and Description for the Chiller Plant utility easement for gas and water line. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the City of Ft. Pierce utility easement for gas and water line for the use and benefit of the Fort Pierce Utilities Authority for the Downtown Chiller Plant, authorizing the Chair to sign the Easement. 1 \ ~ t: ~ LL ':Ii <( "" .... U; ... 0; " o o '" ~ .... b' ... li w o w ~ w ~ 't:I ~ Z w ;:[ w ~ a: w :::l s: ~ ~ ~ t: Itl c:: ~ ~ :2 U III o W '" '" ";- II') 9- a. .- III J: ? z SKETCH OF DESCRIPTION sr. LUCIE COUNTY' CLERK OF COURT SITE UTUTY EASEMENT Fai GAS AND WATER LIE FORT PI~RC~ ST. LUCIE COUNTY, FLORIDA D~SCRIPTlON (UTILITY ~ASEMENT): A 10.00 FEET WlOE U11UTY EASEMENT LYING AND BEING IN A POR11ON OF SEC110N 10, TOYoNSHIP 35 SOUTH RANGE 40 EAST, ST. LUCIE COUNTY, flORID.... ' SAID 10.00 FEET VtlDE EASEMENT BEING 5.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENlERUNE: COMMENCING AT THE INlERSEC110N OF THE EAST RIGHT-Of-WAY UNE OF SOUTH SECOND SlRm ( A 50.00 FOOT WIDE RIGHT-Of-WAy) AND THE NORTH RIGHT-Of-WAY UNE OF BOSTON Al/ENUE ( A 25.00 FOOT WIDE RIGHT-OF-WAy) RUN SOUTH 74'57'44" EAST ALONG SAID NORTH RIGHT-OF-WAY UNE A DISTANCE OF 53.46 FEET TO THE POINT OF BEGINNING Of THE AfOREUEN11ONED CENlERUNE; FROM SAID POINT OF BEGINNING RUN NORTH 18'0'45" EAST A DISTANCE OF 13.19 FEET; THENCE RUN NORTH 07'28'57" EAST A DISTANCE OF 24.75 FEET TO POINT "A"; FROM SAID POINT "A" RUN NORTH 07'28'57" EAST A DISTANCE OF 69.79 FEET; THENCE RUN SOUTH 84'59'12" WEST A DISTANCE OF 42.11 FEET: THENCE RUN SOUTH 07'47'50" \\EST A DISTANCE OF 6.50 FEET TO THE NORTHERLY EXlERlOR FACE OF THE EXIS11NG STRUClURE AND POINT OF lERMINUS. THENCE RElURN TO POINT "A": FROM SAID POINT "A" RUN ALONG THE AfOREMEN11ONED CENTERUNE NORTH 86'2"0" WEST A DISTANCE OF 11.89 FEET TO THE EASlERlY EXTERIOR FACEOF EXIS11NG SlRUC11JRE AND POINT OF TERMINUS " A". SIDE UNES Of SAID EASEMENT TO BE SHORTENED OR PROLONGED AT ALL ANGLE POINTS AND POINTS OF INTERSEC11ON. SAID EASEMENT CONTAINING 1,620.0 S.F. SURVEYOR'S NOTES: 1. UNLESS IT BEARS THE SIGNA lURE AND THE ORIGINAL RAISED SEAL OF A flORIDA UCENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMA11ONAL PURPOSES ONLY AND IS NOT VAUD. 2. LANDS SHOYoN HEREON WERE NOT ABSlRACTED OR RESEARCHED BY THIS OFFICE FOR RIGHTS-Of-WAY, EASEMENTS OF RECORD, RESERVA 11ONS, OYoNERSHIP, ABANDONMENTS, DEED RESlRIC110NS, ZONING REGULA 110NS OR SETBACK UNE5, LAND USE PLAN DESIGN A liON, ADJOINING DEEDS OR MURPHY ACT DEEDS. THIS SURVEY IS NOT INTENDED TO DEUNEATE WEllANDS, LOCAL AREAS OF CONCERN OR ANY OTHER JURISDIC110NAL DETERMINA110N. 3. THIS DESCRIPlION AND SKETCH CONSISTS OF 2 SHEETS AND ONE IS NOT VAUD WITHOUT THE OTHER. 4. THIS EXHIBIT DOES NOT INTEND TO REFLECT OR DETERUINE OYoNERSHIP. 5. THIS IS NOT A BOUNDARY SURVEY. THIS IS A SKETCH OF LEGAL DESCRIP110N ONLY. MONUUENTA11ON HAS NOT BEEN SET TO DEUNEA TE SAID EASEMENT. 6. BEARINGS ARE BASED ON ASSUMED DATUM. THE EAST RIGIfT-OF-WAY UNE OF SOUTH SECOND STREET IS ASSUMED TO BEAR NORTH 00'40'00" WEST. ALL OTHER BEARINGS ARE RELATIVE THERETO. NOTE: THIS SURVEY CONSISTS OF 2 SHEETS ANO SHALL NOT BE CONSIDERED VAUD UNLESS BOTH SHEETS ARE PRESENT AND SHEET 1 BEARS THE ORIGINAL SIGNA lURE AND RAISED SEAL OF THE flORIDA REGISTERED SURVEYOR AND MAPPER. ,,";' . ;::,~':';:r~i07~ ;, ~'t(;~~ '\. _ \' 4"; "'-:'.../ :;) .C.L.. .,~/ /.. _~~ ,-. ;.9 () ~- <::\:~>, ;~~~,I,/' SIGNA 'lURE trA 'It '.~~' . . ~";"~ > - ~.-. . ...,:~ ~ ~ ~ -,c'r\!;'\-::~'=-:-:" ~ CARTER ASSOCIATES. INC" I CONSULTING ENGINEERS AND LAND SURVEYORS 772-562-.191 (TEL) 772-562-7180 (FAX) Servinl Florida Since 1911 PROJ#05-76E BY: DLC DATE; 10/01/07 1708 21ST ~ VERO BEACH. noRmA 32960-3472 DWG#11U15-A SHEET 1 OF 2 . ; , I ; ~ . . i j 1 ~ ~ ~ # j ~ , J ~ ~ ~ ~ e .. ~ j ) ) J ~ , , , :l. .. ~ i --.r- --.r- s-- POINT OF BEGINNING 74>S7'~ t 53.46-,.... ........ S 74'" ~ v744h ~ ~~4V5 t 99.58' ~ 1/1r:irr_ -Q<--H!otl" WUe:- ::-~ SCALE ~ S 07'47'50" W ~ I 6.50' t 'i \ I \ i ~ r 5! \ ; ~ ,}~ I ~ ~ ~~ ! ~~ :~ \ m ~I~ ~ ZO G'JI!-' Ulu:> ~ 250' ~ I \ I \ I \ I \ I \ GRAPHIC 25.0' o 10 20 I I I ( IN FEET ) 1 inch = 20 ft. SKETCH OF DESCRIPTION ST. LUCE COUNTY CLERK OF COURT SITE fJTL1TY EASEMENT FOR GAS AICJ WATER LIE FORT PIERCE ST. LUCIE COUNTY. FLORIDA POINT Of' TERUINUS NORlHERl Y EX'rulIOR FACE Of' SlRUCllJRE EXISTING CHILlER BUILDING (SlRUClURE) CENTERUNE N 86'12'10" W 11.89' 5.0' CENlERUNE UlIUTY EASEl.tENT POINTOf' lERUlNUS . A' EASTERLY EXlERIOR rACE OF' SlRUClURE POINT "A" 10.0' N 07"28'57- E 24.75' 1810'45" E 13.19' ........ ~ ........ I/1r:irr-OF'-H!ot--::r;-- ----.x.~ Serving F10rida Since 1911 ~ CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21ST STREET VERO BEACH. FLORIDA 32960-3472 PR01#05-76E BY: DLC DATE: 10/01/07 DWGI18415-A SHEET 2 OF 2 772-562-4191 (TEL) 772-562-7180 (FAX) " . I '. RETURN TO: Box 145 THIS INSTRUMENT PREPARED 8Y: EASEMENT PROPERTY ApPRAISERS PARCEllD (FoLIo) NUMBER(S): :z:~ Ate?lte.e 4 7~ 'P~, that the undersigned ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA for and in consideration of the sum of One Dollar, to them /n hand paid by the Fort Pierce UUl/tles Authority of the City of Fort Pierce, Florida (located at 206 South Sixth Street), a municipal corporation under the laws of the State 01 Florida, receipt whereof is hereby acknowledged, do hereby convey and grant to the City of Fort Pierce, Florid., for the use .nd benefit of the Fort Pierce Utilities Authority, the privilege and easement for the installation maintenance, operation, repair, replacement or renewal of their municipal-owned electric, water, sewer and natura' gas utilities, in, under, upon, along, over and across the following-described land in St, Lucie County, Florida, to wit: Access to the above strip of land over the adjoining lands of the GRANTORS is hereby granted, The GRANTEE may cut or trim trees, bushes and saplings growing upon or extending over said strip 01 land so far as may be reasonably necessalJ' in the installation, mah1tenance, operation, repair, replacement or renewal of said utilities. Patrolling said easement shall not constitute grounds for a claim for damage. The GRANTORS reserve the use of said strip of land for any use not inconsistent herewith, buf no buildings or stl1Jctures shall be erected or placed on said strip of land by GRANTORS, The rights herein granted may be assigned in whole or in part, The GRANTEE will indemnify and save the GRANTOR harmless lrom any damages, injuries, losses, claims, demands or costs proximately caused by the sole lault or negligence 01 the GRANTEE in the installation, maintenance, operation, repair, replacement or renewal 01 said utilities and the equipment and laciiities connected therewith, over and across said strip of land, Provided, however, that regardless of whether any such obligations are based on a tort, contract, statute, strict liability, negligence, product liability or otherwise, the obligations 01 the FPUA under this indemnification provision shall be limited in the same manner that would have applied if such obligations were based on or arose out of, an action at law to recover damages in tori and were subject to Section 768,28, Fiorida Statutes, as that section exisled at the inception 01 this Contract, and that the maximum amount of indemnity to be paid under this provision, for a single claim or OCCurrence by anyone person, shell not exceed the sum of $100,000,00 for any claim or judgment, or portions thereof. subject to the maximum sum of $200,000,00 as the resutt of all claims and judgments arising out of the same incident or occurrence. The GRANTOR hereby covenants and warrants that it owns the said land and has the right to grant this easement, (~ Seal) 1.. ~ ~, the GRANTOR has caused these presents to be executed in its name, and its corporate seai to be hereunto affixed, by its proper officers thereunto duly authorized this day of ,2001. A((e4t., Deputy Clerk ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Grantor ay BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA S/GNEOJ SEALEO ANO OELIVERED IN OUR PR=SENCE AS WITNESSES: Witness Signature Joe Smith.Chairm~n 2300 Viro;nla Avenue Fort Pier"e FL 34982 Street Address. Cny, State Zip Printed Witness Signature Witness Signature (SEAL) Printed Witness Signature I hereby certify that on Ihis day before me, an officer duly authorized to administer oaths and take acknowiedgments, personally appeared Joe Sini'th "nn ' known to me to ba the Chairman and Deputy Clerk, respectively, of the Boaro 01 County Commissioners, SI. Lucie County, Florida, the entity in whose name the foregoing instrument was executed I and that they acknowledged executing the same for such entity, freely and voluntarily, under authority duly bested in them by said entny, and that the seal affixed thareto is the true department seal of said entity, that I relied upon the following fonn of identification of the above-named person: Florida Driver's License, and thai an oath was not taken, STATE OF FLORIDA COUNTY OF ST. LUCIE Rua.ER STAMP NOTARY SEAL Witness my hand and official Seal in the County and State lasl aloresaid Ihis _ day of . A,D. 2007, Nolary Signature Notary Printed Name AGENDA REQUEST ITEM NO. c-7 C DATE: Nov, 27, 2007 REGULAR [ l PUBLIC HEARING [ l CONSENT[xl TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: David Brooks Enterprises, Inc. Change Order No, 21 to #C05-12-636 Construction of the New Clerk of Court Building and Downtown Chiller Plant BACKGROUND: SEE A TTACHED MEMORANDUM FUNDS AVAIL: 316-1930-562000-16012 (Buildings) 315-1930-562000-16012 (Buildings) 316-1930-562000-16014 (Buildings) 310003-1930-562000-16012 (Buildings) 317-1930-562000-16012 (Buildings) PREVIOUS ACTION: On October 23, 2007, Item No. c-13 A, the Board approved Change Order No. 20 to Contract #C05-12-636 to increase contract time four (4) days and contract sum $9,445. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No. 21 to #C05-12-636, to increase the contract time ninety-two (92) days, changing the date of substantial completion for the Clerk of Court Building to February 6, 2008, and to increase the contract sum by $49,323.00; the new contract sum will be $13,249,480. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. MISSION ACTION: ~ APPROVED [l DENIED [ l OTHER: Approved 5-0 County Attome~~oo Originating 'oe , AJ ~ Finance: (Check for Copy only. if Applicable) Coordination/Signatures Mgt. & BUdget:Jf ~ Other: - ~ Doug /( derson County Administrator Purchasing Mgr.: Other: Eft. 1/97 H,\AGENDA\AGENDA-242 DAVID BROOKS C.O. NO. 21.DOC MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: November 27,2007 SUBJECT: David Brooks Enterprises, Inc. Change Order No. 21 to #C05-12-636 Construction of the New Clerk of Court Building and Downtown Chiller Plant BACKGROUND: On December 6th, 2005, the Board approved Contract No. C05-12- 636, between St. Lucie County and David Brooks Enterprises for the construction of the New Clerk of Court Building. On November 14th, 2006, the Board approved Change Order NO.4-Revised to Contract No. C05-12-636 to include construction of the downtown Chiller Plant. Staff is seeking approval of Change Order No. 21 to incorporate the following changes into the contract: . #93: Delayed critical path activity @ ninety-two (92) days. Cost associated with this delay will be determined at a later date. . #94: Added security equipment @ $18,251.00 . #95: Added data conduit @ $8,910.00 . #96: Remote security monitoring @ $15,824.00 . #100: Emergency & elevator pit lighting . #102: Added under floor ducts @ $686.00 Total cost to incorporate these changes to the contract is $49,323.00; the new contract sum will be $13,249,480. In addition, Change Order No. 21 will increase the contract time ninety-two (92) days, changing the date of substantial completion for the New Clerk of Court Building to February 6, 2008. (Please See Attached) RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No. 21 to #C05-12-636, to increase the contract time ninety-two (92) days, changing the date of substantial completion for the Clerk of Court Building to February 6, 2008, and to increase the contract sum by $49,323.00; the new contract sum will be $13,249,480. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. BOARD OF COUNTY COMMISSIONERS - .' .^~ . .'~'... 'J\il".,!"\,;"".:_;.,_. ".-', ": ,. .. "", '-: .. -' ,~ .;.. .... ,': ..". " .,' '-" ...... .. "', ",-:,.,-', -: .. .. . .. ... ". ..-. ' ,. COUNTY ADMINISTRATOR DOUGLAS M, ANDERSON November 8, 2007 Paul Dritenbas Edlund Dritenbas Binkley Architects and Associates, P.A. 65 Royal Palm Pointe, Suite D Vero Beach, FL., 32960 Dear Paul: Prior to any changes being made to County projects that you are currently working on or will possibly be working on in the future, will require County Administration and/ or Board of County Commissioners' approval. Any request for changes must be routed through County Administration first. Thank you. DMA/ab 07-104 c: Faye Outlaw, Assistant County Administrator Lee Ann Lowery, Assistant County Administrator Dan McIntyre, County Attorney Roger Shinn, Central Services Director Don McLam, Assistant Central Services Director JOSEPH E. SMITH. D,stric~ NO.1. DOUG COWA,~D, District i\o. 2 . PAULA A, LEWIS. Dismct No. :J . CHARLES GRANDE. District No. L . CHRIS CRAFT, DI5tricr No. :, ::ounry Administrator - Douglas M. Anderson 2300 Virginia Avenue' Forr Pierce, FL 34962-5652 · Phone (772) 462~1450 . TOD (772) 462-1426 FAX (772) 462-1646' emoil: douga@co,sr~luCle,fl,us web sire: www.co.sr-Iucie.fl.us Dept. of Central Services Roger Shinn - Director Phone: 772-462-1432 Fax: 772-462-1444 Memorandum Date: November 15, 2007 To: St. Lucie County Board of County Commissioners Cc: Roger Shinn From: Greg White, Project Manager, Central Services RE: David Brooks Enterprises Change Order #21 for Clerk of the Court Please note the following reasons for the required changes to the contract included in Change Order #21 for David Brooks Enterprises, Pending Change #93 was a result of a request by County IT department to stop the installation of carpet and other finished flooring to allow the installation of all computer, phone and fiber optic wiring in the under floor areas of the building, This request caused critical path construction activities that included work related to the HVAC system not to be performed as scheduled, therefore causing a delay, Pending Change #94 was in response to a request by the St. Lucie County Sheriff's Office to add security equipment to the building because some potential and critical breeches in security still existed under the current design. Both stairwells, with doors to the outside were not monitored by cameras and one outside door did not have electronic access control. The staff elevator will now have access control. Pending Change #95 was a request by County IT to have a continuous conduit and eventual loop for fiber optic connectivity between all the buildings within the downtown judicial complex, Pending Change #96 was an alternative to provide monitoring of the security system by the St. Lucie County Sheriffs Office personnel located in the existing security station inside the courthouse, Due to a lack of staffing inside the new Clerk of Court building all the security cameras and panic signals will be sent to the existing courthouse via the IT network, Pending Change #100 was a request by the Clerk of the Court's IT department to provide chilled water to the Clerk's IT server and equipment rack system located on the third floor of the new building, This chilled water rack system will provide air conditioning to the entire server room, therefore eliminating the need for "building" or "house" air conditioning, The server room does have a Liebert AC system as a back up to the chilled water rack system and all systems are on generator back-up power. Pending Change #101 is the result of a request by the federal elevator inspector to add lighting to the elevator pits according to federal elevator code regulations, The inspector cited insufficient lighting in both pits upon his initial inspections. Pending Change #102 is an attempt to aid in the cooling and HVAC design to insure proper temperatures in two areas of the building that the builder, the architect and Central Services noticed, over time, that were becoming increasingly difficult to maintain comfortable temperatures, Ductwork was added to increase air flow in these areas, CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) New Clerk of Courts Building CHANGE ORDER NUMBER: 21 INITIATION DATE: Nov, 13,2007 TO (Contractor): David Brooks Enterprises 9000 Burma Road, #101 Palm Beach Gardens, FL 33403 CONSULTANT'S PROJECT NO.: ST, LUCIE COUNTY CONTRACT NO: C05-12-636 CONTRACT DATE Dec, 7, 2005 You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A - Yes No) Incorporate changes to the contract submitted and approved as Pending Changes No, 93, 95, 96,100,101 and 102. The original (Contract Sum) (Guar1!lnted M<:udmum-6est) was Net change by previous authorized Change orders The (Contract Sum) (COOFaAtecJ MaxilllunI CQ~) prior to this Change order The (Contract Sum) (GH3raAteed Ma...i",um~ill be (increased) (deerelillHllhgr u~) by this Change Order The new (Contract Sum) (GUS! i:mlt;:cd Mdxlmurrr6est) including this Change order will be The Contract Time will be (increased) (decreatit::u) (u"d;!ln~ed) by The Date of Substantial Completion as of the date of this Change Order therefore is: $ 11,863,000.00 $ 1,337,157.00 $ 13,200,157.00 $ 49,323.00 $ 13,249,480.00 (92 ) Days C,O.C. Bldg. 2/6/2008 Chiller Plant 2/412008 Funds Available: Account Number (See Attached) The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules. extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed, All work performed under this Change Order shall be performed in accordance with the contract specifications. CONTRACTOR: David Brooks Enterprises Contractor: 9000 Burma Rd., #101, Palm Beach Gardens, FL Address: APPROVED: By: CONSULTANT: Edlund Dritenbas Binkley & Assoc, Architect/Engineer Date: Central Services Sf. Lucie County Department: 2300 Virginia Avenue, Ft. Pierce, Florida 34982 A'JTI 7L \LJ By: AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS '1I/n/o, Dale: I By: Date: By: CHAIRMAN Date: ATTEST: Approved as to Form and Correctness: DEPUTY CLERK County Attorney _..~-- _.~-_.- -.. --. ....., '-........... .., ,----" -.,.. ST. LUCIE COUNTY CLERK OF COURTS OFFICE BUILDING CHANGE ORDER NO. 21R SUMMARY 1-Nov-07 P.C. No. Description price Days 93 Work St e Pend;na 92 94 Added Security Eauioment $18.251 95 Added Data Conduit $8,910 96 Remote security Monitorina $15.824 100 Chilled Water Headers in Rm. .,. 333 $2,074 101 Emeraencv & Elevator Pit Lighting $3,578 102 Added Under FJoor Ducts $686 TOTALS $49,323 92 .. ~ ~. ~<' ,>.- · n; <.1yid .D ooks 9000 Burma Road, Sui\!! 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9960 November 13, 2007 Mr. Greg White St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Fax: [172) 462-1444 Re: Clerk of Courts Office Building Work Stoppage Pending Change No. 93 - Follow Up Dear Greg: We offer to waive our claim for extended supervision and general conditions costs associated with the work stoppage on the reference project providing we receive authorization to proceed with the Clerk of Courts Remodel work no later than the end of November, 2007 (ref. October 26 proposal for Modified Phase I work). In my October 12 correspondence to you I indioated that the cost impact would be mitigated if we could combine overhead expenses with the remodel work. Our current offer to waive 2111 expenses (if released by the end of the month) is a follow up on that concept. For your information, the plan review fees and other pre-construction expenses would be absorbed by the remodel scope of work as well. We were able to recommence the work in the building on November 1,2007, or ninety-two (92) calendar days from the initial date of the work stoppage., A contract time extension will need to be executed regardless of the disposition of the remodel work (ref. change order no. 21). I will withhold computation of the actual cost of delays and pre-construction costs pending your direction. Please don't hesitate to contact me if we need to discuss or if you require additional information, Thank you, David Brooks Enterprises, Inc. e ~a?~~ President ACCEPlED: St. Lucie County By: Date: I Print Name I TIlle Cc Paul Drltenbas EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:\Clcrk of CourtalF'E!ndlng ChangP.!lIP,C.lf93.X,dOC General Contractors · Construction Management ....V..Lv..:..'-'.J.Juu LJHV,L.L.J Dt"".UUt'.~ CJ'II ,I-\\:lt:. l:11/l:1:l . 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9960 August 28, 2007 Mr. Greg White St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Fax: (772) 462-1444 Re: Clerk of Courts Office Buildinr;J Added Security Equipment Pending Change No. 94 Dear Greg: At your request we have developed pricing for adding security equipment on the referenced project. The scope of wor\<: is limited to that outlined in the attached proposal from 80notrol dated 8/23/2007. The net price for adding this work is Elahteen Thousand Two Hundred Fifty One Dollars ($18.251.00), We also reserve our right to a contract time extension necessary to accommodate this work once the timeline for approvals and procurement are knOwrl_ Please review the attached backup information and advise if you have questions or require anything else. Thank you, David Brooks Enterprises, Inc. ~~;?~ President ACCEPTED: Sl Lucie County By: Date: Print Name / Title Cc Paul Dritenbas EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File V;\Clerk or CourtslPendlng ChBnges\P.C. /I94,doa General Contractors · Construction Management -, .. -- -. ..............- ......,. I H'-lL. C.JL.t CJ;..J bi~lIIBtoMl!nt~llfjli'..Hi~-"-'~--: ESTIMATE RECORD Project; Clerk of Courts Office BuildinQ P.C. .. 94 - Ad/1M Secur1ty Equlpmerrl Oat!:: Pege: P""'"",,,by; ,D.S/ZQIPZ lorl DB o..t;ii labOr Total Material Malarial S1m"""'nn:l Subcontraot Total SI1etot oesCiliiiion unit OUllnlllv Un~ labor ' , Unit TOiaI 'Unit ' "fiiiai -.. COst Suporvllllon I Coordination HR 4.00 60.00 $240 $10 $'10 $0 $280 Added Secur1ly Equipment LS 1.00 SO $0 $15.270 $15,270 $15,270 CSono\tOl Rev, Prtlposal 8/23107) $2<1D $40 $15,.270 $1~.550 Sales Tax % 6,50 $3 $3 $2<10 $43 $15,270 $15,553 G.C, Mark.Up % 15,00 536 $6 $2,291 $2,333 Bonds & Liability Insurance % 2,000 $365 $18,251 I 10/@1/2007 08:59 I i I I 5515259980 DAVID BROOKS ENT PAGE 01/05 . 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 October 1, 2007 Mr. Greg White 51. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Fax: (772) 462-1444 Re: Clerk of Courts Office Building Added Data Conduit Pending Change No. 95 Dear Greg: We offer to furnish and install one four inch (4") underground conduit and pull string between the new Clerk of Courts Building and the building directly behind our construction trailer. The net price for this work is Elaht Thousand Nine Hundred Ten DaRers ($8,910.00). As discussed by phone this morning, we really need to know if you want to proceed with this today since the paving work is underway and there is a direct impact if we wait. Please review the attached backup infonnation and advise if you have questions or require anything else. Thank you, David Brooks Enterprises, loc. GJ~ David Brooks President ACCEPTED: St. Lucie County By: Date: f Print Name I Title Cc Paul Drnenbas EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:\Clerk 01 Courta\P~ndinB Change..\i>.C, :119S,dcc Genera I Contractors · Construction Management -11::1/1::111 :<l::H11 1::Il:J: tl:l tlb1b:<b:l:ll:J1::I lJAV IJJ !:::C(UUK=> t:..N I r'1-\1.:lt:. riLl rib ESTIMATE RECORD Project: Clerk of Courts Office Building P.c. " 95 .. Added DRl1l Conduit Date; PagEl: -~y. 10101/07 lor 1 ~tt;:'ii~D'l!m~H'.~i.ilii:. , ~~~~,.. , , , ~ ,0_ Labor Total Maleri"" Malerial s~ ;Mcontracl Totll S~ 'tiescri"lIon . liil;i Quantltv 'liriii' labOr ., , 'Unit Toiai "'''unll Total 'Cost Supervision I CoordiMllan I As-Built HR 2.0D 60.00 $120 $10 :&20 $50 $100 $240 Added Conduit (FastI'llc COP # 38) LS 1.00 SO $0 $6,689 $6,669 ~6,G69 Acwable Fill 8ackfln LS 1.00 1S0.00 $150 $500 $500 $0 $650 $270 $520 $6,769 $7,559 Slilles Tal< % 6.50 $34 $34 $270 $554 $8,769 $7,593 G.C. Mark-Up % 15,00 $41 $83 $1.015 $1,139 Bond!; & Liabfllly Insurance % 2,000 $178 $8,910 lQ/11/2007 09:13 5616269980 DAVID HRUUK~ I:.NI t-'A(;;1:. ~l/~~ 9000 Burma R08d, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 F6X: 561.626.99BO October 11 , 2007 Mr. Greg White st. Lucie County Central Services Dept 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Clerk of Courts Office Building Remote Monitoring Equipment Pending Change No. 96 Fax: (772) 462-1444 Dear Greg: We offer to fumish and install remote monitoring equipment for the video and holdup alanns for the net price of Fifteen Thousand Eight Hundred Twentv Four Dollars l$15,824.00l. We also reserve the right to additional contract time once approval and lead time dates are known. Please note that the following are excluded and will need to be added to this quote in order to account for the total cost of the proposed work: Fiber Cabling Between the Buildings (By Owner) Media Converters (By Owner) Cutting, Patching & Repairs for Cabling Work Please review the attached backup infonnation and advise if you have questions or require anything else. Thank you, ~=r3"~ David Brooks President ACCEPlED: St, Lucie County By: Date: I Print Name I TItle Cc Paul Dritenbas EDB (Fax: 772-569-9208) Bill Martin (Fax: 772-462-1443) Rick Wilhelm, DBE File Y:lCler1< al CaumIPem;llng ch8"!l"!'IP, C. 196.doc General Contractors. Construction Management -, ,. -- _. .--,.- -.". I-.~~.,;:~.,'" , '..' .... '" ' . ,..,' '. . 1= ~<<1l7: DB ESTIMATE RECORD Project Clerk of Courts OffICe BuildinQ P.C."96 . RCftIOIIng V1dl!D IIIld HOIchIP Alarms mw 1"".1, I~- labOr ,.. Tolal MllI!!rlat MaIerIaI !llJbcot1lrBcI SlJbo:o:rllnltt TOIaI SIM8l ' " unij Q i.JI'ii1' L8bar umi Tiii:ij'-' '''uinj'' -fCitit' " .." casf SupeMsk", I CggnllMliOn lAs-Buill HR 4.00 60.00 $240 S10 $40 $50 5200 5480 Monitoring equipment LS UJtl $0 $0 $13,002 $13.002 $13.002 (Sonolnll Quote 10/11/tm NOTE: Excludq fJbur belwet!n buUdlngs Eltc::ladt18 Cutting I Pltchl",,/ Ropalr.: Excludl!ll Media COIM!ltlrrs $240 $40 $13,202 $13,462 Sales TRX % 8.50 $3 $3 5240 $43 $13.202 $13,485 G.C. Mark-Up % 15,00 $36 sa $1.980 $2,023 Bonds 8. lililblllty Insunmce % ,",COD $317 $15,824 .' ..1-. ......,f 4-........, -.J..............................J..J'-'1oJ OJ......._ _,......................... ......... 9000 Burma Road, Suite 101 Palm Beacn Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 November 13, 2007 Mr. Greg White S1. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Fax: (772) 462-1444 Re: Clerk of Courts Office Building Chiller Water Headers in Room # 333 Pending Change No. 100 Dear Greg: We offer to waive fumish insulated chHled water headers in room # 333 per your communications with the Siemens Company for a net increase to the contract sum of Two TholJ$and Seventy Four Dollars ~$2.074.00). This proposal does not include connections to equipment or any other work other than the actual headers. Let me know if you have questions or require anything else. Thank you, David Brooks Enterprises, Inc. 0~Gz David Brooks President ACCEPTED: st. Lucie County By: Date: I Print Name f TItle Cc Paul Dritenbas EDS (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:\Clerk 01 Courta\pending Chenoe8\P.C, #100,cloC General Contractors. Construction Management ~"""'~Mi::~--I ESTIMATE ~ECORD Project: Clerk of Courts Office Buildina P.C.. 100 . EKI8nded Bullclenr _I_tan"" .1.!illIQZ lor! 10m. Page: PNj>a'ad ">" DB DtlIlaI , Labor ToIaI MaI8r1aI MaIsrlaI 6ubconlnicI SI-..cl ToI:II unii 'QuaniitY ' '''Uiiif ,'., Labor '''Tin. " TOtal UnIf' , , f*' ,'.. OM! .. Shget on Chllllld WaEr ,HesdlllS & h1sutaIion LS 1.00 $0 SO $1.767 $1,767 '1,767 (Siemens Proposal. 091207BG) $0 SO $1,767 $1,767 S81lls Tax % 8.50 $0 SO $0 $0 $1.767 $1,787 G.C. Marlc-Up % 15.00 $0 $0 $265 5285 Bond!; & LieblAty Insurance % 1I,00D $41 $2,074 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 November 13, 2007 Mr. Greg White St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Fax: (772) 462-1444 Re: Clerk of Courts Office Building Emergency & Elevator Pit Lighting Pending Change No. 101 Dear Greg: We have relocated emergency lighting and added elevator pit lighting on the referenced project in order to comply with the requirements of the elevator inspector. The net price for this work: is Threa Thousand Five Hundred Seventy Elaht Dollar9 1$3.578.00t - Please review the attached backup information and let me know if you have questions Dr require anything else. Thank you I David Brooks Enterprises, Ine, ~ Oav~ks-:)~ President ACCEPTED: 9t. Lucie County By: Date: I Print Name I Tide Cc Paul Dritenbas EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:\Clllrk of CDUr1a\Pendlng ChBn!Je$IP,C, #1 01.doc General Contractors · Construction Management lih,i.jjj.... ~ ;.o;:~-" j ,- P811e; "'- by; ~ ESTIMATE RECORD PrajeQt; Clerk of Courts Office Buildim:! P.C.. 101 . I!imergl!llGJ' _ EleY81ar PIt LIghllng 11113107 101'1 I~. Labor Tmal Malerilill Mslerilll W "'~ SA~j..lld. TollII sr-. Unii uilh t.abor Unit Total Unit total COst ' . ~. Emer1:IerIcy I EIev8tDr Pit Ughting LS 1.00 SO $0 $3,049 $3,049 $3.049 (FBSlTllc COP 139) $0 SO $3,049 $3,049 Sales Tax or. 6.50 SO SO $0 $0 $3,049 $3 ,049 G.C. Mark-Up % 15,00 SO SO $.457 $451 BondI' & Llabfftty I~ ." 2.000 $72 $3,578 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561,626.9960 Fax: 561.626.9980 November 13,2007 Mr. Greg White St. Lucie County Central Services Cept. 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Clerk of Courts Office Building Added Underfloor Ducts Pending Change No. 102 Fax: (772) 462-1444 Dear Greg: At the architect's direction we have added a supply air duct to two rooms on the referenced project (conference and break rooms). The net price for this work is Six Hundred Eiahty Six Dollars ($686.00). Please review the attached backup information and let me know if you have questions or require anything else. Thank you, David Brooks Enterprises, Inc. ~~~ David Brooks President ACCEPTED: St. Lucie County By: Date: I Print Name I TItle Cc Paul Dritenbas EDS (Fax: n2-569-9208) Rick Wilhelm, DBE Rle Y:\CIerit 01 Cou<1sIPcndlng Chlll1\lcsIP,C, #1D%,doc General Contractors · Construction Management 11/1M11 1M! ~ e -.. - e... ---- ___n_u_. .-1 D8vtlr.1INDItlf '....lIfjllt~ .ae." ' ESTIMATE RECORD PrnjD<:t Cler1< of Courts Office BuildinQ P.C. II 102 - AdtI_ Floor Duds 1- pelle: I'mpomd by; DB Il)ftII llIbar TaIlIl MaterIal Material ~ -- ToIal SlIm Descrto\ion Unit Quaritity Unit L8bar unli Total Unit TOtal bast Allcled Below F100r DUds l.S 1.00 $0 SO S58S $585 $585 (E.C.T. Propocal at 11f01IDn $0 $0 $585 $585 Sales Tex % 8.50 $0 $0 $0 $0 $585 $585 G.C. M8r!(-Up % 15,00 $0 SO $88 $88 Bends & Liability IntlUrllnce % 2..000 $14 $686 .. f " ITEM NO. C8 DATE: 11/27/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) PRESENTED BY~ · Leo J. Cordeiro, Solid Waste Director TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Solid Waste Department SUBJECT: Staff requests Board approval of Equipment Request # EQ08-289 for the purchase of a digital security/camera system ($1,889) and Equipment Request #EQ08-290 for the purchase of 1 computer to support the system ($1,312,99) for a total cost of $3,201.99. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 401-3410-564000-300 Machinery & Equipment Funds are available due to EQ08-276 Front End Loader costing $50,642 less than budgeted. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board approval of Equipment Request # EQ08-289 for the purchase of a digital security/camera system ($1,889) and Equipment Request #EQ08-290 for the purchase of 1 computer to support the system ($1,312.99) for a total cost of $3,201.99 COMMISSION ACTION: ~ APPROVED () DENIED ( ) OTHER o ANDERSON Approved 5-0 COUNTY ADMINISTRATOR coordination/Sianature~ , County Attorney ( ) Mgt. & Budget (x) ~ fnl!2(' Purchasing (x) Originating Dept. ( ) IT (x) Oi)J Other ( ) Finance: (check for copy, only if applicable)_ ;;t/ .. l PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Leo ], Cordeiro ~ Solid Waste Director ~ DATE: 11/5/07 RE: Digital Security/Camera System Plus Computer The digital security/camera system (cameras, multiplexers, and digital recorder) will soon be eight years old, The system has had numerous repairs due to repeated failures. Additionally, the system offers no means to review audio other than physically being in the Scale House. The proposed system will retain twice as much data as the current system, It will allow remote review of video and audio or the burning of a DVD to be provided to administration or staff requesting such, LJC:dls '# ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008 AGENDA DATE 11/27/07 DEPARTMENT: DIVISION: SOLID WASTE SOLID WASTE RECOMMENDED: YES APPROVED: YES NO NO REVISED REVISED JUSTIFICATION: The digital security/camera system will soon be 8 years old, The system has had numerous repairs due to repeated failures, Additionally, the system offers no means to review audio other than physically being in the Scale House, The proposed system will retain twice as much data as the current system, It will allow remote review of video and audio or the burning of a DVD to be provided to administration or staff requesting such, Funds are available in 401-3410-564000-300 due to EQ08-276 Front End Loader costing $50,642 less than budgeted. Additional costs for this will be computer components (switch, cables and APe Back-UPS) for a total cost of $412,69. (Account #401-341 0-551501-300) EQUIPMENT REQ#: EQ08-289 ACCOUNT#: 401-3410-564000-300 ~ ST, LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008 AGENDA DATE 11/27/07 DEPARTMENT: DIVISION: SOLID WASTE SOLID WASTE RECOMMENDED: YES YES NO NO REVISED REVISED JUSTIFICATION: The digital security/camera system requires a computer to operate the system, There will be no monitor purchased with this computer. Additional costs for this will be computer components (switch, cables and APe Back-UPS) for a total cost of $412.69, (Account #401-341 0-551501-300) EQUIPMENT REQ#: EQ08-290 ACCOUNT#: 401-3410-564000-300 ~sf,J.~ {:()u+Wj ~ information Technology .",t..~, Phone: (772) 462-1681 Fax: (772) 462-1443 '-''-''''''.,'-' \...II '-''''''\JI~ I I COMMISSIONERS ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FL. 34982 IT Quote Date Quote 1 Work Order # 10/31/2007 98296 I M~t1a~ I / '" NAME 1 DEPARTMENT VENDOR INFORMATION Ron Roberts Solid Waste 772-462-1631 CDW-G Mighel A. Rojas The Right Technology " Phone: 866-339-5848/312-705-9043 Fax:312-705-9143 Product Description Part No, Ouantity Price Extended KVM Switch 1 155.00 155,00 6ft Belkin KVM Cables 2 26,00 52,00 APC Back-UPS RS 1300VA LCD 120V 1185813 1 175,00 175.00 ~OTES: I I Sub Total $382,00 Shipping Price $30.69 Price Adjustment $0.00 Total $412,69 The goods and/or services as quoted hereon have been requested in the quanity and quality stated. Quotes are valid for 30 days unless othewise stated. OUOTE VALID UNTIL 11/30/2007 IF THIS QUOTE IS VALID THEN PLEASE PROCEED WITH THE PURCHASING PROCESS 'Administrative use only Appoved: 0 Denied: 0 Authorized Signature Date Please sian both eODies x-;:.~~~ Information Techntlogy <~":> Phone: (772) 462-1681 Fax: (772) 462-1443 gUMI'''''' ",. ""'''"''-'., I . COMMISSIONERS ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FL. 34982 .. IT Quote Date Quote I Work Order # 10/31/2007 98297 Mal)4~nitials A' jj L) { 'y .,..- / \. f '" NAME I DEPARTMENT VENDOR INFORMATION Ron Roberts Solid Waste 772-462-1631 Dell Computer Corporation Shannon Mueller One Dellway RR2E, Box 4 Round Rock, TX 78682 . '" Phone: 800-981-3355 Fax: 800-433-9527 ./ Product Description Part No. Ouantitv Price Extended Dell OotiPlex 755 (Standard PC) - No Monitor 1 1,312,99 1,312.99 nTES: . Sub Total $1,312.99 Shipping Price $0.00 Price Adjustment $0.00 The goods and/or services as quoted hereon have been requested in the quanity Total $1,312,99 and quality stated. Quotes are valid for 30 days unless othewise stated. QUOTE VALID UNTIL 11/30/2007 IF THIS QUOTE IS VALID THEN PLEASE PROCEED WITH THE PURCHASING PROCESS Administrative use only Appoved: 0 Denied: 0 Authorized Signature Date Please sian both eODies ... EZWARi~ 'N1!fI.........,........... .. ~ .",./Itw. f~f""" Sales Represenlative Flromotional Code Date & Time Total Charges Reference Number Dealer Number Anton Jackson None 10/19/076:41 AM 1,889,00 $ 7308 Cuttom., Tvee Customer Information St Lucie County Credit Card Information ronr@co,st-Iucie,fi,us I C6olao;.'. ,:,,;~,.~, ' Card Number: ',' C-*:,;:;:;'~,~j},\it-f.to';< Month Year c........\i;i...,"O. 1 ,l;xplratlonDeW 'I ,I Shipping Address Shipping Information 'Shipping,'..!' UPS Ground - ,cc..alomet:LocaUe:n' Domestic $ I'".' ',.".,', ,WarronlyJnfonnalion,,- ~I FtjJ9hl~'large.--' . $ 1-Year Standard "It' , Track1ri '~tiJ11b.r:;:':"; -, ] Special Instructions I Parts List and Pricing Part Number Ouantllv Descrlnlion Unit Price Unit Welaht Extended Cost EZKIT4I4.PR 1 EZWATCH KIT I Z.oOMESf 2 BULLETS I WIRE & P.5. $799,00 34 $799.00 EZ58.PR 1 EXPANSION CARD FOR CAMERAS 5,6,7,8 $390.00 5 $390.00 100FC.IR 2 100' VlOEO & POWER CABLE FOR IR CAMERAS $55.00 10 $110,00 DELETE-EZDOM E 2 COLOR DOME CAMERA INCLUDED IN KIT $65.00 2 $130,00 EZ-BULLET 4 COLOR. DAY. NIGHT CAMERA 14 LEOS $115,00 4 $460,00 1 ! Upgrades. Repair Charges - Credits Part Number nuantih, Descrintion Unit Price Unit Weinht Extended Cost Total Weight 79 Cost Summary Eauioment Sub-Total $ 1,889,00 Extended Warral'~ COlts $ Promotional/Dealer Discount $ - Utah Stat. Sal.. T.xC- 6,5% $ Total Freinht Chames $ Total Invoice $ 1,889.00 Return Poliey: CertaIn items tin be returned within 15 clays from the date of purellalllt far a 100% refund. The item. MUST be returned in new tondftion and in Ifs original packaging. After 15-days fram the date of purchase all returns will be charged a 2D% re-stocking fee. No exceplians. Any praduet net returned In "new" condition and In It's original packagi"" will not receiye a refund. Any purchases not paid In full within 3Q4ays will be charg.s 1.5olt interest per month on the unpaId balance. If an account goes past 60-dollYs, it will be turned over to collections for payment and a 30"1. fee will be added to rhe lotal invoice. .. IlEM NO. C9a DATE: November 27, 2007 - ';" ~ -~ -" .. '.' . AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS REGULM: ( ) PUBLIC HEMING: ( ) CONSENT (X) PRESENTED BY: SUBMITTED BY (DEPT): Public Safety Jack T Southard Public Safety Director SUBJECT: Request to award the Work Authorization #4 through contract #07-07-454 for Dunkelberger Engineering & Testing, Inc. for the new Emergency Operations Center in the amount not to exceed $29,271.00, Due to the time constraint on the EOC project, we are requesting a bid waiver to waive the formal RFQ process and award the work authorization under the current continuing Geotechnical & Construction Materials Testing Services contract. BACKGROUND: See attached memo. FUNDS AVAILABLE: Funds are available through 001419-2510-562005-2615 - EOC project PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners waive the formal RFQ process and award Work Authorization #4 through contract #07-07-454 for Dunkelberger Engineering & Testing, Inc. for the new Emergency Operations Center in the amount not to exceed $29,271,00. And have the Chairman sign the Work Authorization, COMMISSION ACTION: >< APPROVED DENIED OTHER: Approved 5-0 ,~lcounty Attorney: Review and Approvals ~anagement and Budget: ~\7 o Other: ~ ...{,roM'"9' .Jd o Other: Inter-Office Memorandum Department of Public Safety Division of 911 Communications TO: Board of County Commissioners FROM: Jack T Southard, Directo~ SUBJECT: Dunkelberger Engineering & Testing Inc. Work Authorization #4 DATE: November 27, 2007 ***************************************************************** The work authorization # 4 under contract # 07-07-454 for the construction Materials testing for the new Emergency Operations Center is needed to run concurrently with the construction contract to break ground at the end of December or beginning of January as scheduled, Due to the time constraints with the holidays and the scheduling of the deadlines with the state grant monies regarding the EOC project, we are requesting a bid waiver to waive the formal RFQ process and award the work authorization under the current continuing Geotechnical & Construction Testing Services contract, Purchasing and the attorney's office have been consulted and are in agreement to waive the formal RFQ. WORK AUTHORIZATION NO. 04 CONTRACT C07 -07 -454 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of 2007, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and DUNKELBERGER ENGINEERING & TESTING, INC., hereinafter referred to as the "Consultant". WIT N E SSE T H: WHEREAS, on July 24, 2007, the County entered into a Consulting Agreement (Contract No. C07-07-454) hereinafter referred to as "Contract" with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The County has determined that it would like to complete a project described below: Sf. Lucie County Emergency Operations Center (Located at the St. Lucie County Fairgrounds) - Construction Materials Testing SeNices (hereinafter referred to as "the Project".) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C07-07-454). The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services Page 1 of 3 attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "Au which are attached hereto and made a part of this work authorization and incorporated herein. 3. COMPENSATION: The cost to perform all services as described in the attached Scope Of Services shall not exceed a total amount of twenty-nine thousand two hundred seventy-one and 00/100 dollars ($29,271.00.00), as further detailed in Exhi bit "Au. 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice To Proceed, and shall complete all work within the Contractor's construction schedule as determined by the County Project Manager. c. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or his designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where. any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization in multiple copies, each of which shall be considered an or iginal on the following dates. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 2 of 3 WITNESSES: INC. DUNKELBERGER ENGINEERING & TESTING, BY: Print Name: Title: Page 3 of 3 ()~E T DUNKELBERGER ENGINEERING & TESTING, INC. S1. Lucie County - Central Services 2300 Virginia Avenue Ft. Pierce, Florida 34982 (Revised) August 21,2007 Project No. 07-10-2535 Attention: Mr. Ken Hall", via entail (khall@co.st-Iuciejl.us) Project Manager Subject: Revised Budget Estimate - COllstrlletlon Materials Testing St. Lucie County Emergency Operations Center St. Lucie County Fairgrounds S1. Lucie County, Florida Deal' Mr. Hall: Pursuant to your recent meeting on August 20, 2007, with our Mr. David T. Youngstrom, Dunkelberger Engineering & Testing, Inc. (DE&T) is pleased to submit this Revised ,Budget Estimate for Construction Materials Testing Services during construction of the St. Lucie County Emergency Operations Center (EOe). As you requested, we have separated the budget estimates for Construction Materials Testing SeJ'vices and Threshold Inspection Services. The scope of work described in this revised proposal is for Construction Materials Testing Services only. This revised proposal is based on new information regarding the building, site preparation and construction schedule, as well as the review of the provided Contract Documents, review ofthe civil drawings (prepared by Culpepper & Terpening, Inc.) provided by Schenkel-Schultz, and our experience with similar project types, The project will involve the construction of a one-story emergency operations facility, which will encompass approximately 27,000 square feet. The building will be suppOlted on shallow foundations with a concrete grade level slab. The superstructure will be constmcted using steel framed roofs (joists, joist girders and stmctural steel), steel columns and infill non-load bearing masomy partitions, The perimeter will be load-bearing concrete tilt panels, which will also serve as shear walls. Associated with the building construction will be underground utility installation and pavement construction. We understand that there is an aggressive construction schedule of 12 months to complete this project. I~ , ! ~ : PU8LI(~ Si~,.FcT',;,' 607 NW Commodity Cove, Port St. Lucie, Florida 34986 . PIlone (772) 343-9787 . Fax (772) 343-9404 SLC Emergency Operations Center Project No. 07-10-2535 Page 2 We envision the specific scope of our services as follows: · Observe proof-rolling of stripped building pad to verify stability. · In-place density testing during building pad preparation. Density tests will be pelfOlmed at an approximate frequency of one (1) test f01' every 2,500 square feet (sf) for each 1- foot lift of backfill (estimated to be about 2 feet of fill). · In-place density testing during backfilling of storm and utility structures and piping. The density tests will be performed at an approximate frequency of one (1) test for every 200 . lineal feet (If) of pipe for each I-foot lift of backfill placed, stm1ing at an elevation cOlTesponding to the invelt ofthe pipe and extending up to subgrade elevation. Also, one (1) test will be taken at each underground stlucture for each I-foot lift of backfill placed. · In-place density tests within the stabilized subgrade and base course layers at a fi'equency of one (1) test every 2,500 square feet (sf). · Laboratory moisture-density relationship (proctor) tests (AASHTO T-99/T-I80 and ASTMD 1557). . Limerock Bearing Ratio (LBR) tests for stabilized subgrade at a fi'equency of one (1) test for every 10,000 square feet (sf), · Sampling, slump testing, molding, transporting, curing and laboratory testing to determine compressive strength of the concrete used for the construction. We have included an houdy rate for additional slump testing as may be required by the project specifications (Section 03 30 01 - 4 [1.6 (2)]). · Testing of masonry components - mortar, grout and masonry units, . Sampling and testing of the spray-on fireproofing for thickness and density. · Engineedng oversight during the construction to coordinate the aforementioned test program, make site visits, and trouble-shoot/problem solve, as may be needed. We will provide you with a proposal for Threshold Inspection Services using the Thresholdl Special Inspection Plan developed by Burton Braswell Middlebrooks Associates, Inc, This will be submitted under a separate cover. Our goal is to provide St. Lucie County with a "turnkey" scope of services for this project. Should DE&T be awarded the contracts for both Construction Materials Testing Services and Threshold Inspection Services, for your convenience we would assign one person as the project manager to be the "point of contact" for this project. ()I:e T SLC Emergency Operations Center Pl'ojectNo.07-10-2535 Page 3 TERMS AND PAYMENT We propose to bill Construction Materials Testing Services on a unit rate basis in accordance with our current Continuing Services Contract with St. Lucie County. Based on the described scope of work and testing frequencies, we have provided a Budget Estimate (Attachment A) for the required services and established a not-to-exceed budget of $29,2710 The telIDS and conditions of our work shall be in accordance with our St. Lucie County Continuing Services Contract. The work will be authorized under a work authorization issued by St. Lucie County. _000_ Dunkelberger Engineering & Testing, Inc. appreciates the oppOltunity to submit this proposal and looks forward to rendering the selvices described herein. We kindly request your assistance with our project set-up by filling out and returning to us the attached Project Data Sheet (Attachment B). Should you have any questions concerning the proposal's contents, please feel fi:ee to call either of the undersigned. Ifwe can answel' any questions, please give us a call. Very truly yours, 2535 REV CS Proposal- SLC EO ~UNKE~H'7',GER ENGINEERING & TESTING, INC. ~~ David T. Youngstrom Cr g E. Dunkelberger, Construction Services ice President Attachments: A - Budg Estimate B - Project Data Sheet ()~E T 51. Lucie County Emergency Operations Center Budget Estimate -Construction Testing Services (REVISED August 21, 2007) Attachment A project Name: 81. L.ucfe County Emergency Operations Center DW1kelberger Englnaaring & T"ling, Ine. SL lucie Co-tJnly - Vlfgln1aAvenue 607 NW Commodity Cove Cliant St tuda County, Central Service.: Mr. Ken HaU Port St. Lude, Florida 34966 DET Projec' No.: 07-10-2535 (712) 344-9787 FAX (772) 343-9404 Dale: (REVISED) Augusl21, 2007 Contact: David T, Youngsll'4)m Consftuctfon Tf'Jstlna ServIces C<>n/nlcl Amount Pro",oU$/y ComDletod ComDletod Th/!; Invoica Com le!od 10 D.ta Remaining on Conlnct itemized Services. Q/y Unit Ptfce I Amount QIy AmolJllt QIy Amount Qfy Amount Qfy Amount I. Field Testing A. Building Pad -Sr. Eng. Tech (sample coIlectiOJ 15 OOUf $5ll.00 $800.00 Q lOO,OO 0 $0,00 Q $Q,OO 16 $800.00 & proof-roD ob'OIVa~on) Den.ityT..ting of Pad AD 60 test $21.00 51.260.00 9 - 9 - 9 - 60 $1,260.00 B. Density Tests -SilE!' Gradfng 40 test $21,00 $&10,00 9 - 9 - 9 - 40 $840,00 -Storm S.......r Slt\lcl"ies 117 @6' d..p] 102 tast $21.00 $2142,00 0 - 0 $0.00 0 - 102 $2,142,00 Piping 75 10st $21.00 $1,575.00 0 $G,OO 0 $0.00 0 $G,OO n $1.575,00 -SanilOly Slructure. 13 @ 7' deep] 21 t..t $21.00 $441.00 0 - 41 - 41 - 21 $441,00 Piping 30 t.st $21.00 63(J,OO Q so.oo Q - 0 - 30 $630,00 Grinder Station I 1 @ 7' deep] 7 ta.t $21.00 $147.00 9 - Q $0,00 9 - 1 $141,00 MWaler Main 20 test 321.00 $420.00 Q - 0 - 0 - 20 $420.00 -Cull> Pad 20 teet $21.00 $420,00 0 so.oo Q - 0 - 20 $420.00 --5tabWlZsd Subgrade 16 test 521.00 $315,00 0 - 0 $0,00 0 - 15 $315,00 -Base Rock 15 test $21.00 $315.00 0 - 0 $O,QO 0 - 15 $315,00 C. C<>nCf\l/e T&sMg -FoundatfonsfB!abslcolumns 40 test $75.00 $3,000.00 0 - 0 - 0 - 40 $3.000.00 -TIlt panels 50 test $76,00 $4,500,00 9 - Q 0 - 60 $4,500,00 .Curb & Sld.walk 15 fest $75,00 $1,125,00 0 - Q - 9 so.oo 15 $1./25,00 - Tech to perfonn add'l.lump 0 hour $45.00 $C,OO 0 - Q $OJlll 0 so.oo 0 $0,00 t..1ing D. MasO/1JY Te,Vns/ .Morlar robes 6 t<>st $55.00 $33<),00 Q - 0 $OJlO 0 - e $330.00 -Masonry Grout(C'Ct19!rOl"to<~} 12 test 375.00 $900.00 0 - 0 .;0.00 0 - 12 $900,00 ~Masonry Units. ~b.sorp & sU,. 3 so\ $125.00 $375,00 0 $9.00 0 $0.00 0 - 3 $375,00 .. 3 sets of 3 -- 9 blocks total E, FIte.f'tooffng (nspecWn. ..sr. E~ineering Technclan 32 hour $50.00 $1 eoo,oo 0 - 0 $0.00 0 - 32 $1,600.00 Subtotal $21,136.00 $ll,(JO $0.00 $MO $21~135.00 IL Labo(8.tof)' TestIng MO<lified Proctor (T-180) 6 test $85.00 $510,00 0 - 0 - 0 $0.00 6 $510.00 Standard Proctor (1"-99) 6 test $85.00 $510,00 0 - 0 - 0 - 6 $510,00 Sieve Analysis (Percent Anes) 5 test $25.00 $150.00 0 - 0 - 0 - 6 5150.00 Florld. 8eanng Valo" (F8Y) 0 ta,t $24.00 $0.00 0 - 0 $Q,QO 0 - 0 $0.00 Urn.rock Searing Rallo (L8R) 6 test $285.00 $1,590.00 0 - 0 - 9 - 6 $1,590.00 Su tOla ~2,760,OO 10.00 - 2, 6 .00 /H. Engineering & Reporting Principal Englne.r. 12 hour $130.00 51,560,00 0 $Q,QO 0 - 0 - 12 $1 560,00 Teclmlcal Servfces .Manager..... 24 hour $75,00 $1.800,00 0 - 0 - 0 - 24 $1 600.00 Clerical..... 48 hour $42.00 $2,016,00 0 $Q,QO 0 - 0 $0.00 48 $2,016.00 .. estimale 1 houllmonUl Ueslimate 0.6 hOlJ(N,eek -estimate.4 hours/month Subtotal ~6.31G.00 $0.00 $0.00 $0.00 ~5,376.00 TOTAL $29,211.00 $0.00 $1l.O0 $Q.OO $29,271.00 ()~T 2535 REV CS B1.J~et~ SlC EOC St. Lucie County - EOC Project No, 07-10-2535 Attachment B Proiect Data Sheet DATE: CLIENT'S PROJECT NAME: SEND REPORTS TO: _Client at Proposal Address Number of Copies: _ And/or Number of Copies: _ Number of Copies: _ SEND INVOICE TO: CLIENT AT PROPOSAL ADDRESS Or CLIENT REFERENCE/P.O. NO. (If Applicable) DUNKELBERGER ENGINEERING & TESTING, INC, 607 NW Commodity Cove, Florida 34986 . Phone (772) 343-9787 . Fax (772) 343-9404 ITEM NO. C9b DATE: November 27.2007 '_."'.~.""...,.... ,. 't""', ,...' , -" ."" .. J' AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT (X) PRESENTED BY: SUBMITTED BY (DEPT): Public Safety Jack T Southard Public Safety Director SUBJECT: Request to approve the Maintenance Service Agreement for the infrastructure for our Motorola Public Safety 800 MHz radio system in the amount of $269,640,48 BACKGROUND: See attached memo, FUNDS AVAILABLE: Funds will be available through 107003-2120-546000-200 - Fine & Forfeiture Fund - 800 MHz PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve and have the Chairman sign the Maintenance Service Agreement for the Public Safety 800 MHz radio system in the amount of $269,640.48. COMMISSION ACTION: ><APPROVED DENIED OTHER: Approved 5-0 Review and Approvals oPurchasing: cA>riginating De . Qc..O 0 Other: 0 Other: o Finance: Chec for copy only, if applicable: Inter-Office Memorandum Department of Public Safety Division of 911 Communications TO: Board of County Commissioners FROM: Jack T Soulhard, Dire~ SUBJECT: 800 MHz Maintenance Service Agreement DATE: November 27, 2007 ***************************************************************** This Service Agreement is our continuing contract with Motorola for the infrastructure of our 800 MHz Public Safety radio system in the amount of $269,640,28 per year, $22,470.04 per month. This contract is for five years. Qtv ' Model/Option DescriDtion Monthlv Ext Exte nded SVC01SVC1102 Dispatch Service $ 741,34 $ 8,896.06 4 SVC234AA ENH: Smartzone Sile 68 SVC236AA ENH: Smartzone Station-As/ro 9 SVC239AA ENH: Smartzone Operator Posilion SVC01SVC1104 Technical Support Service $ 958,92 $ 11,507,04 1 SVC146AA ENH: Smartzone System 4 SVC131AA ENH: Smarlzone Site 68 SVC133AA ENH: Smar/zone Station-As/TO 9 SVC134AA ENH: Smartzone Opera/or Position SVC01SVC1103 Network Monitoring Service $ 2.644,32 $ 31,731.84 1 SVC271AA ENH: Smartzone SyStMl 4 SVC275AA ENH: Smartzone Sile 68 SVC277AA ENH: Smertzone Station-Astra 9 SVC280AA ENH: Smartzone Operator Position SVC01SVC1101 Intra structure Repair With Advanced Replacement SefVice $ 7.110,35 $. 85,324,20 4 SVC261AA ENH: Smarlzone Site 68 SVC253AA ENH: Smarlzone Station-Astra 9 SVC258AA ENH: Smartzone Operator Position SVC01SVC1410 OnSile Infrastructure Response Service $ 9,561.97 $ 114,743.64 4 SVC218AA ENH: DnSile Infrastructure Rcsponse-Sites-NonConventional 68 SVC219AA ENH: DnSita Infrastructure Response -Stations 9 SVC220AA ENH: OnSile Infrastructure Respl)nse -OperatOr Positions SVC01SVC1406 System Survey and Analysis - Site Access A $ 1,453.14 $ 17,437,66 1 SVC850AA ENH: System - SI/e Access A 68 SVC212AA ENH: System SUNey and Analysis - Stallon - Site Access A 9 SVC213AA ENH: Syslem Swvey and Analysis-Op Posffion-Slte Access A . SUBTOTAL. RECURRING SERVlCE1 $ 22,470,04 $ 269,640.48 SUBTOTAL - ONE-TIME EVENT SERVICES $ - SPECIAL INSTRUCTIONS .. fl,TTACHSTATEIJ.EHTOFWORKfQRPERI'ORWlNCE 269,640.48 m!.SCR1PTIONS TOTAL $ 22,470,04 $ TAXES $0,00 $0.00 GRAND-TOTAL $ 22,470.04 $ 269,640.48 lHlSSER\IlCEMtOUNTIS5UBJECTTOGTATE& LOCAL TAXtNG JlA'lISOlC-T1c+$. TOBEVERlFlEO 8'(MOTOR01A SUBCONTRACTOR(S) CITY STATE 1 received Statements af Wofk that descrlba 81& servIces provided ofIlhis Agreement. MoIorola's Service Terms & Conditions:. a copy dwhlch is attached to l!lis S$IV(ce @ MOTOROLA Ver. 4.9 Bulkl1000 AtIn: National Sl'Irvice Supporl 1307 East Algonquin Road Schaumburg, IL 60196 (BOO) 247-2348 Date: 5/30/2007 /' Company Name: St Lucia County Board of County commissione~ Attn: Jack Southard Billing Address: 101 North Rock Road City, Stale, Zip: Fort Pierce, FL 34945 Customer Contact: Jack Southard Phone: 772-462-1736 Fax: 772-462-1737 "- ./ Agreement, is- incorporated herein Dy this refefEtr\C9 SPC v4.9 Build 1000 SERVICE AGREEMENT Agreement Order # : Supersedes Agreement #(s) : S00001002345" Required P.O.: No Customer #: 1036173342 Bill to Tag #: 0001 Contract Start Date: 1010112007 Contract End Date: 09130/2012 Anniversary Date: Payment Cycle: Monthly Ex! Tax Exempt: Yes PO#: Release Dale: 01/01105 ..--------:- --... TITLE DATE Vice President Motorola Sales & Services Inc 11 05 07 TITLE DATE ~ =Lc,TI- T. Jt0U;(~ MOTOROLA REPRESENTATIVE (PRINT NAME) PHONE FAX ~,i2,~ '1La:::t.2v. ~, JANICE R. MANUEL . ~ - - 0 Notary PUl1lic, Watton County, Georgia My Commission Expires Aug. 17.2010 Service Terms and Conditions Motorola, Inc. ("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows: Section 1 APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2 DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4 SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then- applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to Service Terms and Conditions.FINAL.1,1 Q,Q5,doc (CSA formatted) this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5 EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with Service Tenns and Conditions,FINAL.1.1 Q,05.doc (CSA fonnatted) which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7 CUSTOMER Contact Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8 PAYMENT Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within thirty (30) days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DEFAUL TITERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non- performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. Service Terms and Conditions,FINAL.1,1 Q,Q5,doc (CSA formatted) 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11 LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE L1ABE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF TIME, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12 EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Service Terms and Conditions.FINAL.1,1 0.05,doc (CSA formatted) Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. To the extent allowed by law, any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial, financial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15 COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16 MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Service Terms and Conditions,FlNAL.1,1 O,Q5.doc (CSA formatted) Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17 GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its performance, under this Agreement, subject to the provisions of Section 18. 17.6. THE TERM OF THE CONTRACT SHALL BE FOR A PERIOD OF THREE YEARS WITH TWO ADDITIONAL OPTION YEARS. THE OPTION FOR EACH OPTION YEAR WILL BE AUTOMATICALLY EXERCISED UNLESS EITHER PARTY NOTIFIES THE OTHER PARTY OF ITS INTENTION TO DISCONTINUE THE AGREEMENT BY PROVIDING WRITTEN NOTICE OF ITS INTENT NOT LESS THAN SIXTY(60) DAYS PRIOR TO THE EXPIRATION OF THE CURRENT TERM. EITHER PARTY MAY TERMNATE THE AGREEMENT WITHOUT CAUSE BY GIVING THE OTHER PARTY SIXTY (60) DAYS PRIOR WRITTEN NOTICE. THE ANNUAL INCREASE OF THIS CONTRACT WILL NOT BE HIGHER THAT THE CONSUMER PRICE INDEX (CPI) TABULATED IN JUNE OF EACH YEAR. 17.7. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. Section 18 RIGHT TO SUBCONTRACT Motorola may assign its rights and obligations under this Agreement and may subcontract any portion of Motorola's performance called for by this Agreement. County reserves the right to accepVreject the subcontracVassignment. If at any time the County rejects subcontractor/assignment prices quoted for the Maintenance Agreement are subject to change. Such approval shall not be unreasonably withheld. Service Terms and Conditions,FINAL.1,1 Q,Q5,doc (CSA formatted) Section 19 RIGHT CERTIFICATION DISCLAIMER Motorola specifically disclaims all certifications regarding the manner in which Motorola conducts its business or performs its obligations under this Agreement, unless such certifications have been expressly accepted and signed by a Motorola authorized signatory. Motorola Inc, 81. Lucie County, Florida By: Adler Name: Vice President Mrd",-,r,-,l" Salea & Seruic88 In!itle: Date: 11/05/07 Date: ~~ il.~ ~. JANICE A. MANUEL ~ . -0 Notary Public, Wallon County Gee . My Commission Expires AUg. ' 17, 2~~~ Service Terms and Conditions,FINAL.1.1 Q,05.doc (CSA formatted) @ MOTOROLA ( i. Statement of Work Definitions There may be additional terms defined in this list that do not apply to the SOWs attached. Terms in this list that are not specifically used in the attached SOWs should be disregarded. Definitions Capitalized terms used in this Statement of Work and not otherwise defined within the Statement of Work, Communications System Agreement or other applicable Agreement have the following meanings: 1.1 Box Unit Test: Unit is tested in a fixture that simulates the functions for which it was designed, engineered, or manufactured to insure that it meets manufacturer specifications. Case: Electronic tracking document for requests for service through the System Support Center. Components: Motorola new or refurbished parts of equal quality. Configuration Change Support: A change in a user-defined parameter, which may include, but is not limited to, a change in the placement of a dispatch console talkgroup window. Fleetmapping is not considered included in Configuration Change Support. Continuously: Seven (7) days per week, twenty four (24) hours a day, three hundred sixty five (365) days a year including holidays. Core Release: A new version of Software that adds Standard Features and major enhancements. These new versions are signified by changes to the first digit of the version identifier number (e.g. SmartZone 2.0.3 to SmartZone 3.0). Customer: The end-user Customer as identified in the Communications System Agreement, Service Agreement or other applicable Agreement. Customer Support Plan: A document mutually developed by Motorola and the Customer that provides information about the Customer and tlie System and descnbes the specific processes by which Motorola will deliver and the Customer will receive the services promised under this Statement of Work. Enhancement Release: A superseding issue of Software, which adds to, improves, or enhances the performance of Standard Features contained in the then currently shipping Software version. These releases are signified by changes to the second digit of the version identifier number (e.g. SmartZone 3.1 to SmartZone 3.2). 1.10 Equipment: The eqtripment specified in the Equipment List as set forth in the Communications System Agreement, Service Agreement or other applicable Agreement, including any additions to the Equipment List during the Warranty Period. 1.11 Enhanced System Support (ESS) Period: The 12 month period commencing at the start of the . Warranty Period for Equipment and Software as defined by the Communications System Agreement. 1.12 Event: An alarm or informational notification received by Motorola through the NetWork Management tools. 1.13 Federal Technical Center: A Motorola facility located in Lanham, Maryland, the purpose of which is to serve as Motorola's centralized location for radio repair for Federal Customers. Firmware: Software in object code form that is implanted or embedded in hardware. Jnfrastructure: The fixed Equipment excluding mobiles, portables, and accessories. Maintenance: The process for determining:the cause of Equipment failure, removing, repairing, or replacing parts or elements necessary in order to conform the Equipment with the manufacturer's specifications along with system specific specifications, delivering and reinstalling the parts, and placirig the Equipment back into operation. 1.17 Motorola Software: Software whose copyright is owned by Motorola. 1.18 Radio Support Center: A Motorola facility located in Rockford, lllinois, the purpose ofwmch is to serve as Motorola's centralized location for radio repair. 1.0 1.2 1.3 1.4 ( ( 1.5 1.6 1.7 1.8 1.9 1.14 1.15 1.16 Definitions Approved by Motorola Contracts & Compliance Page 1 of2 ( ( @ MOTOROLA . 1.19 Response: Response times are defined as when a teclrnician, a remote systems technologist or a remote network specialist is actively working the teclrnical issue, remotely or on-site, as determined by Motorola. 1.20 Restore/Restoration: The effort required to bring Equipment to the level for which it was designed, engineered and adjusted for performance in accordance with the manufacturer's published specifications, although such Equipment may not necessarily be malfunctioning. Servicer: a Motorola Authorized Service Station or Motorola Field Service personnel. Software: Includes Motorola and any non-Motorola Software that may be furnished with the Communications System. Standard Business Dar: Monday through Friday, 8:30 a.m. to 4:30 p.m, local time, excluding Motorola holidays. . Standard Feature: A software fimctionality for components of Customer's System that is available to Customer in the standard software release. Start Date: Effective start date as listed on the Service Agreement or other applicable Agreement. System: System is the communications system as defined in the Communications System Agreement or other applicable Agreement. System Acceptance: Unless otherwise defined in the Communications System Agreement, the date upon which Motorola has successfully completed all of the System tests as descn"bed in the acceptance test plan. System Support Center: a Motorola facility located in Schaumburg, llIinois, the purpose of which is to serve as Motorola's centralized system support facility to compliment the field support resources. The System Support Center is hereinafter referred to as the "sse." System Test: Unit is tested in a Motorola manufactured system of similar type from which the unit was designed to test an fimctionality of the unit to insure .that it meets manufacturer specifications. Systemic: A software/hardware product defect related to or affecting the designed system operation. Technical Support Operations: A centralized telephone support help desk that provides technical support for Motorola customers' who have purchased Commercial Government and Industrial Solutions Sector (CGISS) products or have a contract for technical support. 1.32 Work Flow: A step-by-step process including instruction or direction for routing, handling, and processing infonnation at a given agency. Definitions Approved by Motorola Contracts & Compliance 11/14/01 Page 2 of2 @ MOTOROLA .. . ( Statement of Work Dispatch Service 1.0 Description of Services The Call Center Operation (CCO) at Motorola's SSC provides Continuously a central point of contact for teclmical customer service requests. The CCO is staffed with customer support representatives who will coordinate the appropriate service response and resources. Service requests are tracked and monitored from creation to close through an electronic Case process. The terms and conditions of this Statement of Work are an integral part of the Motorola Service Agreement or other applicable Agreement to which it is attached and made a pari thereof by this reference. If there are any inconsistencies between the provisions of this Statement of Wark and the provisions of the Service or other applicable Agreement, the provisions of the Agreement shall prevail. ( 2.0 Motorola has the following responsibilities: 2,1, Continuously receive technical service requests from Customer or Motorola via telephone. 2.2, Open a Case and gather information from Customer to perform the following: 22.1. Characterize the issue 22.2. Det=ine a plan of action 22.3. Assign and track the Case to resolution. 2.3. Dispatch a Servicer as required by standard procedures and provide necessary Case information collected in section 3.2 2.4. Verii}r with Customer that Restoration is complete or System is functionitl, ifrequired by Customer's repair verification preference as set forth in section 3.1. If verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer will be released. 2.5. Ensure the required personnel have access to Customer information as needed. 2.6. Escalate the Case to the appropriate party upon expiration of a Response time. 2.7. Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved. 2.8. Notify Customer of Case status via pager or email at the following Case levels as detennined in section 3,.1: 2.8.1. Open and Close; or 2.8.2. Open, Assigned, Arrival, Deferred, Closed. 2.9. Provide periodic activity reports to Customer. 3.0 Customer has the following responsibilities: 3.1. Provide Motorola with the following pre-defined information prior to service Start Date: 3.1.1. Case notification preferences 3.1.2. Repair verification preference 3.2. Call the SSC provide the following information to the customer support representative: 3.2.1. Assigned System ill number 3.2.2. Problem description and site location 3.2.3. Other pertinent information for Motorola to open a Case. 3.3. Verify with the SSC that Restoration is complete or System is functional, if required by Customer's repair verification preference stated in section 3.1. :>.4. Complete and submit all required database and escalation procedure forms to be entered and stored at the System Support Center. 3.5. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.6. Cooperate with Motorola and perform all acts that are reasonable ar necessary to enable Motorola to provide the Dispatch Service to Customer. ( Dispatch Service Approved by Motorola Contracts & Compliance] 0103101 Page 1 ofl @ MOTOROLA , .. . ( Statement of Work Technical Support Service 1.0 D~scription of Services The Technical Support Operation at Motorola's SSC provides to Customer's technical staff centralized remote telephone support for technical issues that require a high level of cornnrunications systems expertise or troubleshooting on the Equipment. The Technical Support Operation is staffed with t~chD.ologi,sts who specialize in the diagnosis and resolution of system performance issues. Technical Support Service (i) shall not include software upgrades that may be required for issue resolution; and (ii) is only available for those system types supported and approved by Technical Support Operations, and (ill) is not available to provide Customer .training via the telephone. Technical Support is applicable to the following system types: SmartZone v2.0.3 and higher, SmartZone/OmniLink, E911, Private Data v2.0.3 and higher, and SmartNet. The following equipment is not supported by Technical Support: Micor, DeskTrac Repeater Model #L35sum7000; MSF 5000 that are not part of a SmartZone system, NCP, and Darcom. The terms and conditions of this Statement of Work (SOW) are an integral part of the Motorola Service Agreement or other applicable Agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of this :sOW and the provisions of the Service or other applicable Agreement, the provisions of the Agreement shall prevail. ( 2.0 Motorola has the following responsibilities: 2. I. Provide Tecb.o1cal Support Operation availability for all Severity One issues Continuously. 2.2. Respond to requests for the Restoration offailed Systems and to diagnose operation-affecting problems in accordance with the ResponSe times defined in Table B and Severity Levels defined in Table C in Appendix 1 at the back oftbis Statement of Work. 2.3. Advise caller with procedure for determining any additional requirements for issue characterization, Restoration, or known fix for issue resolution. 2.4. Attempt remote access to System for remote diagnostics, if possible. 2.5. As needed, coordinate with the Servicer or Customer in the field until close of the Case. 2.6. Coordinate technical resolutions with agreed upon third party vendor(s), as needed. 2.7. Escalate support issues to Motorola engineering and product groups, if necessarY. 2,8. Provide a focal point for any Systemic issue and manage the Systemic issue to resolution., 2.9. Escalate the Case to the appropriate party upon expiration of a Response time. 2.10. Provide remote assistance, if needed to install an Enhancement Release provided pursuant to the Software Subscription Agreement. 2,11. Provide Configuration Change Support and Work Flow changes to Systems that have dial in capability. c 3.0 Customer has the following responsibilities: 3.1. Complete and submit all required database and escalation procedure forms to be entered and stored at th~ System Support Center prior to Start Date. 3.2. Submit changes in any information supplied in the above documents to the Customer Support Manager prior to the change taking effect. 3.3. Contact the System Support Center in order to access the Technical Support Operation, provide name of caller, name of Customer, System ill number, Service Agreement mnnber, site(s) in questions, and brief description of the problem. 3.4. Supply on-site presence when requested by System Support Center. 3.5. Validate issue resolution prior to close of the Case. Technical Support Service Approved by Motorola Contracts & Compliance 11/14/01 Page 1 of2 @ MOTOROLA .3.6. Allow Motorola remote access to the System. 3.7. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Technical Support services to Customer. 3.8, Acknowledge that Cases will be handled in accordance with the times and priorities as defined in Table B and C in Appendix 1 at the back of this SOW. ( APPENDIX 1 TABLE B - Remote Technical Support Response Times SEVERITY RESPONSE Severity 1 Within 1 Hour from receipt of notification Severity 2 * Within 4 Hours from receipt of notification Severity 3 * Within next Business Day *Standard Business Days TABLE C -Severity Defmitions .' $everity L~vd' Severity 1 ( Severity 2 Severity 3 ( 'P,J;91:1le:fu,;:1'Yp~r,' ,"". :"'-::'., ".",' Major system failure 33 % of System down 33% of Site channels down Site Environment Alarms (smoke, access, temp, AC Power) Response is provided Continuously. Significant System Impairment Response during Standard Business Day Parts Questions Upgrades Intermittent problems System problems presently being monitored Operational and informational questions Configuration Change Support and Work Flow procedure questions Response during Standard Business Day. Technical Support Service Avvroved by Motorola Contracts & compliance 11/14/01 Page 2 of2 @ MOTOROLA ". Statement of Work ( Network Monitoring Service 1.0 Description of Services Network Monitoring Service electronically monitors specific elements of the System for Events. When an Event is detected, it is forwarded to the Motorola System Support Center using system specific monitoring tools. The System Support Center is staffed with trained technologists, who acknowledge the Event, run available diagnostic routines, and initiate an appropriate response. Network Monitoring Service is applicable to the following system types: SmartZone, SmartZone/OmniLink v2.0.3 and higher, E911, Private Data v2.0.3 and higher with a WNG box, and SmartN'et. The following equipment is not supported by Network Monitoring Service: Private Data systems without a WNG box, Micor, DeskTrac Repeater; MSF 5000 that are not part of a SmartZone system; MTR 2000; MSR 2000; and NCP Data Base Stations. The terms and conditions of this Statement ofW ork (SOW) are an integral part of the Motorola Service Agreement or other applicable Agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of this SOW and the provisions of the Service or other applicable Agreement, the provisions of the Agreement shall prevail. ( 2.0 Motorola has the following responsibilities: 2.1. Recommend and coordinate installation of any needed connectivity or monitoring equipment 2.2. Provide dedicated 56k frame relay necessary for monitoring SmartZone, SmartZonel 0mniLink, and Private Data system types. 2.3 . Verify connections and Event monitoring prior to System Acceptance or Start Date. 2.4. Monitor System Continuously. 2,5. Access the Custo=' s System to perform remote diagnostics as indicated per Customer in section 3.6. 2.6. Create a Case when action is required. 2.7. Disable and enable System devices as needed for Servicers who go to the Customer's site when intervention is needed. 2.8. Verify service of Event as needed. 2.9. Provide activity reports to Customer on Case history. 2.10. Provide Performance Reports for SmartZone, SmartZone/OnmiLink, and Private Data System types. 3.0 Customer has the following responsibilities: , 3,1. Allow Motorola remote access Continuously to obtain System performance data. 3.2. Purchase any connectivity or monitoring equipment as determined by Motorola. 3.3. Cover any installation costs of connectivity or monitoring equipment. 3.4. Notify the System Support Center when Customer performs any activity that impacts the System. (Activity that impacts the System may include, but is not limited to, installing software or hardware upgrades, performing upgrades to the network, or taking down part of the system to perform maintenance.) 3.5. Allow Servicers access to Equipment (including any connectivity or monitoring equipment) ifremote service is not possible. 3.6. Order and maintain dedicated dial-up phone lines for telephone service for SmartNet and E91l system types. 3.7. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Network Monitoring Service to Customer. ( Network Management Service Approved by Motorola Contracts & Compliance 10/03/01 Page 1 of2 ( ( ( APJ>ENDIX 1 , Severity Definitions J~yt#~,~,e,y:~1~7:~~:;'~!r*,~1~~;cIVie~> . ., Severity 1 Major system failure 33 % of System down 33% of Site channels down Site Environment.A1amJs (smoke, access, temp, AC Power) Response is provided Continuously Significant System Impairment System problems presently being monitored Response during Standard Business Day Parts Questions Upgrades Intermittent problems Response during Standard Business Day. Severity 2 Severity 3 Network Management Service Ann~m,o,j]", Mnf()rflln Contracts & Compliance 10/03/01 . ....'....--_. ~ .:......'.: .:.". ; Page 2 of2 (f!) MOTOROLA , . Statement of Work ( Infrastructure Repair with Advanced Replacement 1.0 Description of Services Infrastructure Repair provides repair service to Motorola and select third party Infrastructure as set forth in the applicable attached Exhibits, all of which are hereby incorporated by this reference. Customer's System type determines which Exlubit is applicable (i.e. Exhibit A is for SmartZone systems, Exhibit B is for SmartNet systems). Equipment is serviced down to the component level at the Motorola Infrastructure Depot Operations ("IDO"). At Motorola's discretion, select third party Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. If Equipment is no longer supported by the original equipment manufacturer, Motorola may replace Equipment with a comparablelcompau'ble or like Equipment, when possible. ' When available, Motorola will provide Customer with an Advanced field Replacement unite s) "FRU( s)" in exchange for Customer's malfunctioning FRU (s). Non-standard configurations and Customer-modified units are excluded from this service. Malfunctioning FRU (s) will be evaluated and repaired by Motorola's (IDO) and returned to IDO FRU inventory upon completion of repair. In cases where Advanced Replacement is not an option, such as when the Customer requires the exact serial number in order for Equipment to be returned, FRU may be available on a loaner basis. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. ( 2.0 Motorola has the following responsibilities: 2.1. Maintain and provide access to an inventory ofFRU, subject to availability, that can be shipped from IDO to Customer or Servicer upon request as described in 3.1. IDO reserves the right to provide new or reconditioned units as FRU. The FRU will be of the same kit and version, and will contain similar boards and chips, as the Customer's malfunctioning FRU(s). 2.2. Program FRU which will be exchanged with Customer's malfunctioning unit to original operating , parameters based on templates provided by Customer. If Customer template is not provided or is not reasonably usable, a standard default template will be used. 2.3. Properly package and ship FRU from IDO's FRU inventory to Customer specified address. 2.3.1. A FRU is sent next day air (paid by Motorola) via Federal Express Priority Overnight or UPS Red unless otherwise requested. Shipments outside of the above mentioned carrier programs, such as NFO (next flight out), are subject to additional charges to be paid by Customer. 2.3.2. Motorola will pay shipping and handling during normal operating hours of Monday through Friday 7:00am to 7:00pm CST, excluding holidays. Shipments outside standard business hours are subject to additional shipping and handling charges to be paid by Customer. 2.3.3. When sending the FRU to Customer, provide a return air bill in order for Customer to return the Customer malfunctioning FRU. 2.4. Receive Equipment from Customer and document its arrival, repair and return. Provide return authorization numbers when requested as mentioned in 3.1. 2,5. Perform the following service on Motorola Equipment: 2.5.1. Perform an operational check on the Equipment to determine the'nature of the problem. 2.5.2. Replace malfunctioning Components with new or reconditioned assemblies. 2.5.3. Verify that Motorola Equipment is returned to Motorola manufactured specifications, as applicable. 2.5.4. Perform a Box Unit Test on all serviced Equipment. 2.5.5. Perform a System Test on select Equipment. 2.6. Provide the following service on select third party Infrastructure: 2.6.1. Perform pre-diagnostic and repair services to confirm Equipment malfunction and eliminate sending Equipment with no trouble found (NTF) to third party vendor for repair, when applicable. ( Infrastructure Repair with Advanced Replacement Approved by Motorola Contracts & Compliance 09/19/02 Page 1 of2 @ MOTOROLA ( , Infrastructure Repair with Advanced Replacement (cont.) 2.6.2. Ship Equipment to the original equipment manufacturer or third party vendor for repair service. 2.6.3. Coordinate and track Equipment sent to the original equipment manufacturer or third party vendor for service. 2.6.4. Perform a post-test to confirm malfunction Equipment has been repaired and functions properly in a Motorola System configuration, when applicable. 2.7. Reprogram Equipment to original operating parameters based on templates provig.ed by Customer per Section 3.3. If Customer template is not provided or is not reasonably usable, a standard default template will be used. IfIDO determines that the malfunctioning Equipment is due to a Software defect, IDO reserves the right to reload Equipment with a similar Software version. Enhancement Release (s), if needed, are subject to additional charges to be paid by Customer unless the Customer has a Motorola Software Subscription Agreement. . 2.8. Properly package and return ship (Motorola will pay return shipping charges) Equipment to the Customer specified address or if Customer FRU was exchanged with an IDO FRU, return Customer's FRU(s) to IDO's FRU inventory upon completion ofrepair. 3.0 Customer has the following responsibilities: 3.1. Contact the Motorola System Support Center (SSC) and request an advanced FRU exchange or a return authorization number (for all other repairs) prior to shipping malfunctioning Equipment or third party Infrastructure named in the applicable attached Exhibit. The iuitial call to the SSC may be from Servicer if, pursuant to a Statement of Work or other applicable Agreement, Servicer is acting on Customer's behalf. 3.1.1. Provide model description, model number, serial number, type of System and Firmware version, symptom of problem and address of site location for FRU or Equipment. 3.1.2. Indicate if the Equipment or third party Infrastructure being sent in for service was subjected to physical damage or lightning damage. Follow Motorola instructions regarding inclusion or removal of Firmware and Software applications from Equipment being sent in for service. 3.1.3. Provide Customer purchase order number to secure payment for any cost as set forth in paragraph 2.3.1,2.3.2.,2.7 or 3.2 3.2. Upon receipt of the FRU from IDO's FRU inventory, properly package Customer's malfunctioning Equipment and ship the malfunctioning Equipment to IDO within five (5) days for evaluation and repair as set forth in 2.4. Customer must send the return air bill, referenced in 2.3.3 above back to IDO in order to ensure proper tracking of the return. Customer will be subject to a replacement fee for FRU not properly returned. For Equipment and/or third party Infrastructure repairs that are not exchanged in advance, properly package Equipment and ship the malfunctioning FRU (freight prepaid by Customer) to Motorola. Clearly print the return authorization nt!Illber on the outside of the packaging. . Customer is responsible for properly packaging the Customer FRU or IDO FRU to ensure that the shipped Equipment arrives un- damaged and still in repairable condition. 3.3. Maintain templates of Software/applications and Firmware for reloading of Equipment as set forth in paragraph 2.2 and 2.7. . 3.4. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair with Advanced Replacement services to Customer. ( In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any other underlying Agreement to which this SOW is attached, the following -items are excluded from Infrastructure Repair with Advanced Replacement: 1. All Equipment over seven (7) years from product cancellation date. 2. Physically damaged Equipment. . 3. Third party equipment not shipped by Motorola with the original System. 4. Consumable items including but not limited to batteries, connectors, cables, tone/ink cartridges. 5. Test Equipment. 6. Racks, furniture and cabinets. 7. Firmware and/or Software upgrades. ( Infrastructure Repair with Advanced Replacement Approved by Motorola Contracts & Compliance 09/19/02 Page 2 of2 :.Ex.hJpif;'ffi:iC:.ov~r~d .SmartZone .... ,~()'veJ.'age.l!~g:~xclusions .for~ In.frastr~'C,!1i.I:'e'Rep.air... . . ..' '{c"'" ": ",:'J;,t :S~;;s;te-,!4'E"""\<;;'~m""e'n't-':'". No't-'/'E-';:""ti"" ,:.- . :. " i,a"j~.:;)...'"'' ,-. "'.-.,' "'. "',-..:' ,:>Y.' m "uUlu, " _' ....' " es xceu.' o.ns..-;".,-.".....":.".:ri.""";:,,."P';_,.-,..,~;._~...-';:,..-,f,,"',. " , Antenna Systems Excludes all Equipment such as bi-directional amplifiers, multicouplers, combiners, tower top pre-amplifiers, antennas, cables, towers, tower lighting, and transmission lines. Includes: Quantar, Quantro, Digital MSF5000 andMTR2000 ONLY. Includes Logging Recorder Interface and Network Hub Includes Premisvs and Telco. Excludes Siemens Includes Snectratac, Digitac, and Astrotac Comoarators. Includes computers (Pentium I, II, ill, IV) directly interface with or control the co=unications System, including SiteLens and Systemwatch II. Includes keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel display image retention. Includes consoles (Centracom II, Centracam Gold Classic, Centracom Gold Elite) as part of complete co=unication syst= - ONLY. Includes headset jacks, dual footswitches, and gooseneck microphones. Excludes Centracom I. Includes SmartNet II Prime and Remote Controllers. Excludes SSMT and SCMS controllers. Excludes all types and models. ( Base Statian(s) and Repeater(s) Central Electronics Bank(s) Channel Bank(s) COIDParator(s) Computer(s ) Conso1e(s) Controller(s) -Trunking Dictaphones and Recording Equipment Digital Interface Unite s) Digital Signaling Modem( s) Digital Voice Modem.( s) Embassy Switch Management Terminals . ( MBEX(s) or NOVA Interconnect Microwave Equipment. Monitor( s) Moscad Network Fault Management Printer(s) RAS(s) Receiver( 5) Simulcast Distribution Amplifier(s) Site Frequency Standard(s) Universal Simulcast Controller Interface( s ) UPS Systems. Zone Manager Zone Controller(s) ( @ MOTOROLA Included Refer to the IDO Support matrix for Model exclusions Refer to the IDO Support matrix for Model exclusions Includes AEB, AIMI,ZAMBI Includes computers (pentium I, II, ill, IV) directly interface with or control the communications System, including SiteLens and Systemwatch II. Excludes laptop computers and all 286,386,486 computers. Included Excluded from service agreement but may be repaired on an above contract, Time and Material basis. All equipment must be shipped to roO. Excludes anyon-site services. Includes allmocitors connected to computers that directly interface with or control the co=unications System. Includes flat panel displays and touch screen monitors. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat tiane! disu1ay image retention. Only NFM (Network Fault Management), as part of Co=unication System only. Standalone MOSCAD must be quoted separateiy. Excludes System Control and Data Acquisition (SCADA) and Fire alarming systems. Includes Full Vision. Excludes NMC Includes printers that directly interface with the co=unications System. Excludes RAS 1100, 1101 and 1102 Includes Quantar and MTR2000, ASTRO- TAC Receivers. Included . Includes Rubidium, GPS and Netc10cks systems sold with the Motorola System. Included Excluded from service agreements but may be repaired on an above contract, Time and Material basis. All UPS systems must be shipped to IDO for repair. Excludes anyon-site services. Excludes all batteries. Excludes HP715/33, HP 715/50 servers. Excludes x-terminals NDS14C and NDS17C Includes console terminals. Excludes ALL SunfIMP hard drives except TLN3495A 0820 1 GB drive. Excludes the following SUNIIMP CPUSET's: TLN3278B 0406, TLN3343A 0424 and TLN3278A 0181/0389. Infrastructure Repair with Advanced Replacement Approved by Motorola Contracts & Compliance 09/19/02 . ,,' . MOTOROLA ( . Statement of Work OnSite Infrastructure Response 1.0 Description of Service OnSite Infrastructure Response provides for on-site technician Response as determined by pre-defined severity levels set forth in Table C and Response times set forth in Table A-1 in order to Restore the System. The terms and conditions of this Statement of Work (SOW) are an integral part of the Motorola Service Agreement or other applicable Agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of this SOW and the provisions of the Service or other applicable Agreement, the provisions of the Agreement shall prevail. ( 2.0 Motorola has the following responsibilities: '2.1 If Motorola is providing Technical Support service (via an additional Statement of Work) in addition to this OnSite Infrastructure Response service, Motorola will first respond in accordance with Technical Support service Statement ofW ork and Table B herein, unless required to Respond otherwise in the Communications System Agreement or other applicable Agreement. If, in the performance of the Technical Support responsibilities, Motorola determines that an on-site technician is necessary, dispatch will occur promptly after such determination is made and on-site response will occur in accordance with Table A-2. 2.2 If Motorola is not providing Technical Support but only providing OnSite Infrastructure Response, Motorola will respond in accordance with this Statement of Work arid Tables A-I and C. 2.3 Perform diagnostics on the ComponentfField Replaceable Unit (FRU) lassembly 2.4 Restore the System by replacing defective Component/FRU/assemb1y: 2.4.1 FRU and assembly will be provided by Customyr. 2.5 Provide materials, tools, documentation, physical planning manuals, diagnostic and test equipment necessary to perform the Maintenance service. . 3.0 Customer has the following responsibilities: 3.1 Establish and maintain a suitable environment (heat, light, and power) for the Equipment location and provide the Servicer full, free, and safe access to the Equipment so that the Servicer may provide services. All sites shall be accessible by standard service vehicles. 3.2 Supply FRU or assembly as needed in order for Motorola to Restore the System as set forth in paragraph 2.4.1 3.3 Maintain and store any and all Software needed to Restore the System. 3.4 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the OnSite Infrastructure Response services to Customer. Table A-I - OnSite Response Times - -,..., "'-.' - .. ,- 'Sev{tit,Y ~~~l; ;.... 'Rispons~:Tinie . Severity 1 Within 4 hours from receipt of notification Severity 2* Severity 3* Within 4,hours from receipt ofnotification* Within 24 hours from receipt ofnotification* c OnSite Infrastructure Response Approved by Motorola Contracts & Compliance: 04/03/02 Page 1 of2 " . MOTOROLA ( . Table'A-2 - OnSite Response Times with Remote Technical Support Response Times -~~v~ntY'1J~,,~r ';<:," ,:R;~~j:rbnseTinle ' , .. " -"-,. ~ :. ., . " ."..,.-- " , .. " " . .. .. " " " .. .. , .. ' , '.. ..-,',.", .,~ ~,,;:- ".."; , , Se.verity 1 Within 1 hour from receipt of request for Technical Support. On-site within 4 hours from time of disuatch. Severity 2* Within 1 hour from receipt of request for Technical Support. On-site within 4 hours* from time of disnatch* Severity 3* Within next Business Day from receipt of request for Technical Support*. On-site within 24 hours from time of dispatch* *Denotes that these response times are applicable only during Standard Business Day. Severity 1 Response Times are applicable Continuously. Table B - Remote Technical Support Response Times ~ ~ey~~i~t:.:.:" ',.,-, '" .-....,.. '-. ..',-' ..~~S~6~S~~: :~~~.~'::~ ~~:"" '" ' ,',' ~ J, ,: n\,_ Severity 1 Within 1 Hour from recei t of notification Severity 2 * Within 4 Hours* from recei t of notification Severity 3 * Within next Business Day* * Denotes that these response times are applicable only during Standard Business Day. Severity 1 Response Times are applicable Continuously. Table C -Severity Definitions " ' :~ ~ : ( Severity 1 S - ,-- "k. T l' "'P, 1.'ob', I, F'iii, T" y' ",e,S,' ,':, ~~e\n.,;,';!:l"e:: r. ' . ~, .:, Severity 2 Severity 3 ( Major system failure 33% of System down 33% of Site channels down Site Environment Alarms (smoke, access, temp, Ale Power) Re onse is rovided Continuously Significant System Impairment Res onse is rovided Standard Business Day Parts Questions Upgrades Intermittent problems System problems presently being monitored Operational and informational questions Configuration Change Support and Work Flow procedure questions Re onse is rovided Standard Business Day. OnSite Infrastructure Response Approved by Motorola Contracts & Compliance: 04/03/02 Page 2 of2 " . MOTOROLA ( Statement of Work System Survey and Analysis 1.0 Description of Service System Survey and Analysis will provide operational test and alignment, on the Customer's Equipment (infrastructure or fixed network equipment only) to ensure the Equipment meets original manufacturer's specifications, as setforth in the applicable attached Exhlbit( s), all ofwmch are hereby incorporated by this reference. Customer's System type determines which Exhibit is applicable (i.e. Exhibit A is for SmartZone systems, Exhibit B is for SmartNet systems). System Survey and Analysis will be performed during Standard Business Days. If System or Customer requirements dictate this service must occur outside of Standard Business Days, Motorola will provide an additional quotation. Customer will pay any charges associated with helicopter or other unusual access requirements or expenses. The terms and conditions of this Statement of Work (SOW) are an integral part of the Motorola Service Agreement or other applicable Agreement to which it is attached and made a part thereofby this reference. If there are any inconsistencies between the provisions of this SOW and the provisions of the Service or other applicable Agreement, the provisions of the Agreement shall prevail. 2.0 Motorola has the following responsibilities: 2.1 Notify the Customer of any possible System downtime needed to perform this service. 2.2 Physically inspect the infrastructure Equipment in the system (equipment cabinets, general circuitry, fault indicators, cables, and connections). 2.3 Remove any dust, and/or foreign substances from the Equipment. 2.4 Clean filters, if applicable. 2.5 Measure, record, align, adjust the Equipment parameters in accordance with the manufacturer's service manuals and the Rules and Regulations of the Federal Communications Commission (FCC), where applicable. ( 3.0 Customer has the following responsibilities: 3.1 Provide preferred schedule for System Survey and Analysis to Motorola. 3.2 Authorize and acknowledge any System downtime. 3.3 Maintain periodic backup of databases, Software applications and Firmware. 3.4 Establish and maintain a suitable environment (heat, light; and power) for the Equipment location and provide the Servicer full, free, and safe access to the Equipment so that the Servicer may provide services. All sites shall be accessible by standard service vehicles. . 3.5 Cooperate wiTh Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the System Survey and Analysis services to Customer. ( System Survey and Analysis Approved by Motorola Contracts & Compliance: 04/03/02 Page 1 of6 c ( ( , , . MOT'OROLA Exhibit A- SmartZone System Equipment Consoles PositionslRemotes le Central Controllers, Digitac, Comparators GPS Site Equipment UPS Other Equipment System Survey and Analysis Approved by Motorola Contracts & Compliance: 04/03/02 Page 2 of6 AGENDA REQUEST COUNTY'. FLORIDA ITEM NO. C - lOA REVISE.D DATE: November 27,2007 REGULAR [ l PUBLIC BEARING [ l CONSENT I Xl TO: ST. LUCD: COUNTY BOARD OF CQUNTY COMMISSIONERS SUBMU TED BY: PUBLIC WORKS ~ ADMIN PRESENTED BY: DON WEST SUBJECT: Taylor Creek Restoration - Phase 3 SmaU County Dredging (Fund #140344) BACKGROUND: The May 2, 2006 agenda request #C-8-B was approved with verbiage in the agenda requesting (1) the Board to approve the submittal oftbe grant application to Florida Ports Council (FSTED) for $900,000, and (2) the Board to approve the acceptance of the grant if it was awarded. The August 8, 2007 agenda request #C-4-B was approved for a Joint Participation Agreement (JP A) of $975,000 with FSTED and Florida Department of Transportation (FOOT). This resolution is to establish fund #140344's budget as $975,000 in agency contribution and not $900,000. FUNDS AVAILABLE: See attached Budget Resolution 07-345 PREVIOUS ACTION: On August 8, 2007, the Board approved a JP A with FOOT and the FSTED for Taylor Creek Restoration - Phase 3 Shoreline Stabilization. The Board also approved Resolution #07-234 to establish FSTED's 75% contribution of$975,000 towards an estimated total project cost of$1,300,000. The County's 25% match for the project is $325,000. May 2, 2006, the Board approved the re-submittal of a grant application to the FPC for funding of $900,000 for fiscal year 2006-2007. The re-submittal was necessary to seek increased funding for the project. The County's 25% match was $300,000. T!te agenda also included a request for the Board to approve the acceptance of the grant if it is awarded. RECOMMENDATION: SlaJI'recommends Ihe Board of County Commissioners approve Budget Resolution 07- 345 to establish fund #140344's budget of$975,000 in agency contribution and $325,000 in County match in fiscal year 2007-2008. COMMISSION ACTION: l><] APPROVED [ ] OTHER: [ ] DENIED NCE: Approved 5-0 g Anderson County Administrator Review a~ADDroval' ".1\, 11- [X]Originating Dept: {PUb~ Wks.~ . (X]County Attorney: ,;: " (X]Management and Budget: ~ (X]Purchasing: ,-:;;;()) D Parks & Rect'Htion: D Environmental Lands: , 1fJ 'It D Other [Xl Finance: '<l ' .; Anyone with a disabllty requiring accommodation to attend this meeting should contact the St. Lucie County Conununity Services Manager at(561) 462-17i orTDD (561)462-1428 at least forty-eigbt(48) hours prior to the meeting. RESOLUTION NO. 07-345 WHEREAS, subsequent to the adoption of the 81. Lucie County Board of County Commissioners budget for 81. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation (FOOT) and Florida Ports Council (F8TED) Joint Participation Agreement FM#422943-1-94-01 in the amount of $975,000 as 75% funding of the $1,300,000 cost to restore Taylor Creek with shoreline stabilization. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 27'h day of November, 2007, pursuant to Section 129,06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2007-2008, and the County's budget is hereby amended as follows: REVENUE 140344-4315-334411-4657 FOOT-Transportation $975,000 APPROPRIATIONS 140344-4315-563000-4657 Infrastructure $975,000 After motion and second the vote on this resolution was as follows: Commissioner Joseph E. Smith, Chairperson Commissioner Paula Lewis, Vice Chairperson Commissioner Chris Craft Commissioner Doug Coward Commissioner Charles Grande xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 27'h DAY OF NOVEMBER, 2007. BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: ATTEST: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY . AGENDA REQUEST ITEM NO. ClOB DATE: Nov. 27,2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY{DEPT): Public Works Dept. Chris Lestrange Code Compliance Manager SUBJECT: 303 Angle Road, Fort Pierce, FL - Unsafe Structure BACKGROUND: On May 22, 2007, St. Lucie County obtained an Order ordering the owner of the property to clear junk, trash and debris within 30 days or the County could clear it and place a lien on the property. On November 7, 2007, the St. Lucie County Code Enforcement Board found the property in violation of Section 13.00.01, 13.03.01 and 13.04.01 of the St. Lucie County Land Development Code. The Board found the property to present a serious threat to public health, safety and welfare. On November 8, 2007, as the Building Official, I inspected the property and requested the Fort Pierce Utilities Authority to turn off the electric to the property. Upon inspection, it was determined that the porch overhang addition was not constructed according to building code and presents a serious threat to public health, safety and welfare (see attached photograph). Pursuant to Section 1-2-25, the Board of County Commissioners has authority to order all reasonable repairs to bring the property into compliance. Staff is requesting authority to demolish the overhang, and place a lien on the property for costs. Staff anticipates it will be done at the same time as the junk, trash and debris are cleared from the property. RECOMMENDATION CONCLUSION: ,Staff recommends that the Board authorize the demolition of the overhang and placing a lien Qn the property. [><] APPROVED [ ] DENIED [ ] OTHER: COMMISSION ACTION: [xl County Attorney:~ Approved 5-0 Pulled for discussion and separate vote. Motion to approve with revised recommendation as stated . Dou s . Anderson County Administrator [ ]Finance:(check for co, [ x] Public Works: Effective 5/96 . --- ------ IN THe CIRCUIT COURT OF THE NINETEENTH JUDIClAL CIRCUIT IN AND FOR ST. LOC1'E COONTY FLORIDA T ST. Well: COUNTY, FLORIDA, a political subdivision of the State of Florida, ST. LUCIE COUNTY, on behalf of the State of Florida, CAS:!: NO. 03.CA-001643{OC) vs. Plaintiff, t.~ .~ ,....-\ 0. -' ....... ~-) ";::. ~ JIMMIE MACK ARTHUR COLLINS, -:. -;:. Defendl:lnts I ~'? ~ . . ... ,.:." f".- ~ "I ,. _\ ORDER ADJUDGING CON'fEMPT This action was heard on May 22, 2007 on Plaintiff's Motion to hold Defendant in contempt for famtlg to comply with the Order to Show Cause dated Aprfl 10, 2007. Based on the evidence presented, the Court finds that the Defendant has the present ability to COmply and has refused to do so, IT IS THEREFORE ADJUDGED that: 1. The Defendant, JIMMIE MACK ARTHUR C~UINS, IS in contempt of Court for failing to bring his property at 303 Angle Road Into compliance wIth St. Lucre County Codes by: a. not dlscont!nuing deposfting or allowing to be deposited any debris, junk( refuse, or I,Inauthor;zed material of aMy form On the Property. not dIscontinuing operating a salva!1e yard In an Industrial} LIght b. Zoning District. c. . the open and acc:essil,re un.safe structures on the not securIng property. .. business 011 the property until he d. not dIscontinuing operatIng a obtains an occupational license, -1- ~ - . " 2, Defendant shall have .:l::) days within which to: .~ ~lyw~:~;wt~ 011: dZ'~ ~/i:2 ~:;.~ xt'/ t~~~ :'f-:. :;:t~ ~f;at~ Ei;~~~ - 4, The Court retains jurisdiction to Issue such other and further orders as may be necessary. DONE AND ORDERED IN CHAMBERS at Fo''"!: Pierce, St. Lucie County, Florida on this ~ day of /1711 j , 2007. J~~{iCf~ Judge Bryan copies to: Jimmie Mack Arthur Collins Katherine Mackenzie~Smith -2- BOARD OF COUNTY COMMISSIONERS .' PUBLIC WORKS DEPARTMENT Notice of Violation Hearing St. Lucie County Code Enforcement Board 10/11/2007 JIMMIE COLLINS 303 ANGLE RD FORT PIERCE, FL 34947 Case number: 54407 1. Pursuant to Article III of Chapter 1-2 of the Code of Ordinances of Saint Lucie County, Florida, you are hereby notified of the following: on 09/22/07, the undersigned officer inspected the following property located in St. Lucie County, Florida. 303 ANGLE RD FORT PIERCE, FL 34947 Tax 10 number:240860400060004 Legal description: Please see attached Description of the violation(s) are ITEMIZED and ATTACHED. 2. The inspection indicates that insufficient action has been taken to correct the violation of which you were notified on 08/10/07. Therefore, this matter is scheduled for a public hearing before the St. Lucie County Code Enforcement Board on 11/7/2007 at 9 AM in the Commission Chambers of the St. Lucie County Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. The Board encourages your attendance. If you fail to attend the hearing, an order may be entered against you by default finding you in violation of the laws called in paragraph 2. 3. The Code Enforcement Board is empowered to levy a fine up to $250.00 for each day the violation continues past the date set for compliance. A fine not to exceed $500.00 per day may be levied for a repeat violation. The fine(s) may become a lien upon the real or personal property of the violator. The Board may impose additional fines to cover costs incured in enforcing the codes. 4. If you correct the violation(s) prior to the hearing date or require a copy of the Code Enforcement Board Rules and Regulations, contact the St. Lucie County Code Enforcement Division at (772) 462- 1571 in order to arrange for an inspection. If the violation is corrected and then reoccurs, or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation is corrected prior to the board hearing. Method of delivery:CERTIFIED MAIL Atencion: Documento importante con respecto a sus derechos y responsabilidades. Si usted no comprende ingles consiga traduccion inmediatamente. 2300 Virginia Avenue, Ft Pierce, FL 34982 Public Works: (772) 462-1673 FAX (772) 462-1148 BOARD OF COUNTY COMMISSIONERS . PUBLIC WORKS DEPARTMENT 5. NOTICE: All proceedings before the St. Lucie County Code Enforcement Board, St. Lucie County, Florida, are electronically recorded. Any person who decides to appeal any action taken by the Enforcement Board at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross examine an individual testifying during a hearing upon request. Written comments received in advance of public hearing will also be . considered. 4L ~.t'.~ Swendy Ariyanayagam Code Compliance Phone:(772) 462-1673 - - Fax:(772) 462-1148 THIS IS THE ONLY NOTICE YOU WILL RECEIVE. Atencion: Documento importante con respecto a sus derechos y responsabilidades. Si usted no comprende ingles consiga traduccion inmediatamente. 2300 Virginia Avenue, Ft Pierce, FL 34982 Public Works: (772) 462-1673 FAX (772) 462-1148 Violations found on case 54407 Ordinance 13.00.01 SLC LDC ADOPTING STANDARD BUILDING CODE Finding PLEASE OBTAIN PERMITS FOR EXTENSION OF ROOF OVERHANG; OPENINGS IN BLOCK WALLS; PLYWOOD OVER OPENINGS; EXTERIOR DOOR AT THE REAR; AND REPAIR SEPARATION IN BLOCK ADJACENT TO EXTERIOR DOOR OPENING. THE SCOPE OF REPAIR NECESSARY WILL REQUIRE THE BUILDING BE BROUGHT UP TO CODE FOR ACCESSIBILITY (FBC CHAPTER 11) AND ENERGY CONSERVATION (FBC CHAPTER 13) Ordinance 13.03.01 SLC LDC ADOPTING STANDARD PLUMBING CODE Finding ALL PLUMBING FIXTURES PIPLlNE AND DRAINLlNES INCLUDING PROPER HOOKUP OF THE WASHER MUST BE BROUGHT UP TO CORRECT CODES BY OBTAINING A PERMIT. Ordinance 13.04.01 SLC LDC ADOPTING NATIONAL ELECTRICAL CODE Finding ALL ELECTRICAL WIRING AND OUTLETS MUST BE BROUGHT IN TO COMPLIANCE BY OBTAINING A PERMIT. Thursday, October 11, 2007 Page 1 of 1 ~/ BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS CODE COMPLIANCE DIVISION HAND DELIVERED November 8, 2007 Mr. Jimmie Mack Arthur Collins 303 Angle Road Ft. Pierce, FL 34947 RE: 303 Angle Road, Ft. Pierce, Florida Dear Mr. Collins: In accordance with Florida Building Code Section 111.3 this letter is to notify you that we are requesting Ft. Pierce Utilities disconnect power to the structure at the above address immediately. This action is being taken due to the dangerous conditions presented by the wiring and electric panel and excessive use of extension cords throughout the building. Power can be restored by securing the services of a licensed electrician to obtain an electric permit and correct all electric code violations throughout the structure. Upon passing an inspection, we will authorize Ft. Pierce Utilities to restore power to the building. I can be reached at (772) 462-3755 if you have any questions or concerns. Sincerely, ~~ Christopher LestYa??e f' Code Compliance Manager Building Official Cc: Barbara, Ft. Pierce Utilities, via fax 465-0764 Swendy Ariyanayagam, Contractor Licensing Supervisor Katherine MacKenzie-Smith, Assistant County Attorney JOSEPH E, SMITH. Disrricr No.1. DOUG COWAI\D. Disrricr No.2. PAULA A, LEWIS. Disrricr No, J . CHAI\LES GI\ANDE. Districr No.4. CHRIS CI\AFT. District No,S County Administrator. Douglas M. Anderson 2JOO Virginia Avenue · Ft. Pierce. FL J4982 Permitting and Zoning: (772) 462-155J FAX (772) 462-1735 Contractor Licensing: (772) 462-1672 · Code Enforcement (772) 462-1571 . Inspections: (772) 462-2165 Fax: (772) 462-1148 WWW.co.st-lucie.fl.us ~ . ~ . AGENDA REQUEST ITEM NO. C /OC DATE: November 27, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115j SUBJECT: Road Improvement Agreement with KIRCO Acquisition, LLC, developers of Interstate Business Park. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: n/a PREVIOUS ACTION: n/a RECOMMENDATION: Staff recommends Board approve the Road Improvement Agreement with KIRCO Acquisition, LLC, and authorize the Chainnan to sign the Agreement. [>g APPROVED [ ] OTHER Approved 5-0 [ ] DENIED COMMISSION ACTION: [x] County Attorney It/'''-l Coordlnation/Sianatures r> [ ] Mg!. & Budget vjExec, Ass!. tl A ~ Lx] County Surveyor q'//.I' [x]Env, Resources . \/~) tate Business Pk,ag , . . DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer M V P DATE: November 27,2007 SUBJECT: Road Improvement Agreement - Peters Road KIRCO Acquisition, LLC, developer of Interstate Business Park, is required to construct off-site improvements at Peters Road. This project is within the City of Ft. Pierce. The project received City of Ft. Pierce approval on June 19, 2007. As a condition of this approval, the developer is required to reconstruct a portion of Peters Road. The area of reconstruction is currently a millings surface. In addition to reconstruction of the travel lanes, the developer will also construct concrete sidewalks and roadside drainage. As part of the permitting process, the developer is required to enter into a Road Improvement Agreement and provide the required surety in the amount of $118,608.70. Attached are copies of the following documents: Road Improvement Agreement Road Improvement Bond Engineers Cost Estimate The documents have been reviewed and approved by staff. cc: Finance .' ROAD IMPROVEMENT AGREEMENT THIS ROAD IMPROVEMENT AGREEMENT, is entered into this 5'th day of ,.,l~vertl~~ ,2007, by and between KIRCO ACQUISmON. I.l.C (the "Developer"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County"). WIT N ESE T H: WHEREAS, the Developer is commencing proceedings to develop land in St. Lucie County known as INTERSTATE BUSINESS PARK ("Development"); and WHEREAS, the Developer proposes to construct certain road improvements to the satisfaction of the County; and NOW THEREFORE, in consideration of the mutual promises contained herein, the Developer and County agree as follows: 1. NOTIFICATION TO COUNTY. This Agreement is subject to the Developer obtaining a right-of-way permit from the County prior to construction. 2. COMPLETION OF REQUIRED ROAD IMPROVEMENTS/OWNERSHIP. The Developer agrees to provide the County Attorney a construction schedule, in calendar days, which guarantees the completion of the Improvements for the above referenced development on aforestated County rights-of-way. as submitted by the Developer's engineer and approved by the County Engineer. As submitted, the Developer shall guarantee completion of the Improvements within 365 calendar days from the date of commencement of the Improvements by the Developer. Furthermore, the Developer agrees to commence the required improvements within thirty (30) days after the approval of this Agreement by the Board of County Commissioners according to the construction plans approved by the County Engineer. The Improvements are more particularly set forth on those certain plans drawn by the Developer's engineers, JEFF H. IRAVANI. P.E., dated September 19. 2007. Upon completion, the ownership of the Improvements shall be conveyed to the County by Bill of Sale free and clear of all liens and encumbrances. 3. SECURITY. The Developer agrees to provide the County with security in a form acceptable to the County Attorney in the amount of one hundred and ei9hteen thousand six hundred and eight dollars and seventy cents ($118.608.70), representing 115% of the estimated cost of the Improvements as submitted by the Developer's engineer and approved by the County Engineer. This amount includes the fifteen percent (15~o) to be retained for a period of one (1) year and thirty (30) days from the dote the improvements are conditionally accepted by the St. Lucie County Board of County Commissioners to provide for maintenance of the improvements and to indemnify and save the County harmless from any and all costs necessary to repair or replace any part or portion of the Improvements occasioned by faulty engineering, workmanship, or materials. 4. REDUCTION OF AMOUNT OF SECURITY. The amount of the security may be reduced once during the term of this Agreement upon the completion of a portion of the Improvements by the Developer and upon inspection and acceptance by the County. In no event, however, shall the amount of the security be less than one hundred percent (100%) of the cost of g: \atty\lgroupfo \Road Improvement Agreement 1 I I' completing the remaining Improvements plus fifteen percent (15%) of the total cost for construction of all the Improvements. 5. SUPERVISION OF CONSTRUCTION. The Improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval. 6. EXTENSIONS OF TIME. The County may grant an extension of the time to perform the work, when a controlling item of Improvements is delayed by any factors contemplated or not contemplated at the time of commencement of the Improvements. 7. FAILURE TO COMPLETE IMPROVEMENTS It is further understood and agreed by ond between the parties to this Agreement that, in the event Improvements are not constructed within 365 calendar days of commencement by the Developer or twelve (12) months from the date of this Agreement, whichever comes first, the County shall have and is hereby granted the right to cause the Improvements to be made and to use the security provided herewith for payment of all costs and expenses incurred in the construction thereof, including but not limited to, engineering, surveying, construction, legal and contingent costs. Furthermore, it is agreed by the parties hereto that County shall be reimbursed from the security provided for any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all of the provisions of this Agreement. In the event of Developer's failure or refusal to construct and install the Improvements in accordance with the terms of this Agreement, the County shall have the option to do so, with County employees and equipment, or pursuant to public advertisement and receipt of bids. In the event that the total costs incurred in construction and full completion of the improvements shall exceed the amount of security provided, such additional costs shall be paid by Developer on written demand by the County Engineer. 8. RELEASE OF SECURITY. Upon completion of construction of all Improvements, the Developer's engineer shall certify that the improvements have been constructed in accordance with the approved plans. When the improvements have been certified by the Developer's engineer, the County Engineer shall inspect the improvements and review the construction and supporting test/control data furnished by the Developer's engineer. If all Improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie County Board of County Commissioners. The Developer's security, minus the fifteen percent (15%) to be held as security for maintenance, shall then be released. 9. INTERPRETATION; VENUE. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. g:\atty\lgroupfo\Road Improvement Agreement 2 IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Agreement shall be the date on which this Agreement is approved by the Board of County Commissioners. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN APPROVE!> AS TO FORM AND CORRECTNEss: COUNTY ATTORNEY "lecto A~Ie.ITlC>N i...I....C- BY: () . -:')~. Print Name: 5,..e..Je..l h'\A..k;( I Title: C-Fo g:\atty\lgroupfo\Raad Improvement Agreement 3 Bond No. 1825671 ROAD :ncPaOVBNZN'r BOND BY TBIS BOND, We KIRCO Acquisition. LLC , as Principal and The Hanover Insurance Company , a corporation, as Surety, are bound to the ST. LUCIE COUNTY, hereinafter called the "County", in the sum of $OneH\lndred EighleenThousand Six Hundred for Eight and 701100 (118,608.70) Dollars ourselves, successors, and assigns, payment of which we bind' jointly and severally. ~BB CONDITION or ~BIS BOND is that if Principal performs all of the terms and conditions of that certain Road Improvement Agreement dated .~o.Ie.mbP.~ 5 ,20~ between Principal and County for the off site improvements to be constructed at PETERS ROAD, at the times and in the manner prescribed in the Contract, the Road Improvement Agreement being made a part of this bond by then reference, then this bond is void; otherwise it remains in full force. DATJIlD ON J r:>-JQrlI ~ 5 PRINCIPAL: KIRCO ACQuisition, LLC Add.rees: 101 W. Big Beaver, Suite 200 Troy, MI4BOB4 , 2007 BY: SUlUl:'lY: The Hanover Insurance Company Addre811 :440 Lincoln Street h: \ROAD .. , , Certified Copy Void Without Hanover Watermark This Power of Attorne ma not be used to execute an bond with an ince tion dale after June 1. 2010 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COpy KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETIS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire. and CITIZENS INSURANCE COMPANY OF AMERICA. a corporation organized and exisUng under the laws of the State of Michigan, do hereby constitute and appoint Thomas R. Guy, Paul M. Hurley, Robert Heuer, Michael D. Lechner, Margaret Kohloff, Carol A. Johnson and/or Michelle Buechel of Troy, MI and each is a true and lawful Attomey(s)-ln-fact to sign, execute. seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place wilhin the United States. or, if the following line be filled in. only within the area therein designated any and all bonds. recognizances. undertakings, contracts of indemnity or other writings obligatory In the nalure thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and No/100 ($20,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s}-In-facl may lawfully do in Ihe premises by virtue of lhese presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of seid Companies which resoiutions are still In effect: "RESOLVED, That the Presidenl or any Vice President, in conjunction with any Assistant Vice President. be and lhey are hereby authorized and empowered to appoinl AttorneYS-In-fact of the Company, in Its name and as Its acts. to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of Indemnity. waivers of citation and all other writings obligatory in the nalure thereof. with power to anach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as ~ they had baen duly executed and acknowledged by the regularly elected officers of the Company In their own proper persons." (Adopted October 7, 1981 . The Hanover Insurance Company; Adopted April 14. 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETIS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly allested by a Vice President and an Assistant Vice President, this 17th day of July, 2007. THE COMMONWEALTH OF MASSACHUSETIS ) COUNTY OF WORCESTER ) ss. On this 17th day of July 2007, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. to me personally known to be the individuals and officers described herein. and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusells Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seais and their signatures as officers were duly affixed and subscribed to said Instrument by the authority and direction of said Corporations. (@ ---.... -- -~ . ...C9IIniIIIIM........I.. WaRk.4d a,::>!;tUh~ N()/8f'y Public My commission expires on November 3,2011 I. the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full. true and correct copy of the Original Power of Allorney issued by said Companies. and do hereby further certify that the said Powers of Attorney are slill in force and effect. This Certificale may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company. Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED. That any and all Powers of Attomey and Certified Copies of such Powers of Attorney and certification in respect thereto. granted and executed by the President or any Vice President in conjunction wllh any Assistant Vice President of lhe Company, shall be binding on the Company to the same extent as jf all signatures therein were manually affixed, -even though one or more of any such signatures. thereon may be facsimile,. (Adopled October 7. 1981 . The Hanover Insuranco Company; Adopted April 14. 1982 Massachusens Bay Insurance Company; Adopted September 7. 200f _ Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies. al Worcester, Massachusetts. this ~ day of ...!Co1l"~rl'\beQ.. . 2001 Certified Copy Void Without Hanover Watermark L 3678 ENGINEERS COST ESnMATE FOR INTERSTATE BUSINESS PARK PETER'S ROAD SU_ARY Jeff H.JrayanJ Project No. 0605-939 ITEM DESCRIPTION TOTAL PRICE OFF-SITE ITEMS: PAVING $83,550.00 DRAINAGE $19,400.00 SUBTOTAL $1~2,l$OiOCl 1sy' Conth,genev , $15,442.$0 TOTALON-SITE ITEMS $118,392.50 THE ABOVE COST ESTIMATE IS FOR GENERAl GUIDANCE ONLY. THE ACTUAL PRICE MAY VARY FROM THE ABOVE PRICE. Dated: 10105107 Prepared by ZAK JHI-COST -MASTER.xls Checked By JHI ENGINEERS COST ESTIMATE FOR INTERSTATE BUSINESS PARK PETER'S ROAD OFF-SITE PAVING Jeff H.. lravani Project No. 0605..939 OFF-SITE PAVING . UNIT DESCRIPTION QUANTITY UNIT COST TOTAL 2" S-1 ACSC 1184 SY 20.00 $ 23,680.00 8" UMEROCKlCOQUINA ROCK 100 lBR 1279 SY 15.00 $ 19,185.00 12" STABILIZED LBR 40 1381 SY 5.00 $ 6,905.00 FLUSH HEADER CURB 70 LF 20.00 $ 1,400.00 GRADING 1 LS 5,000.00 $ 5,000.00 REMOVE EXISTING PAVT 1 LS 4,000.00 $ 4,000.00 MAINTENANCE OF TRAFFIC . 1 LS 2,500.00 $ 2,500.00 SOD 640 SY 2.00 $ 1,280.00 5' CONCRETE SIDEWALK 140 SY 40.00 $ 5,600.00 TESTING 1 LS 5,000.00 $ 5,000.00 CaNST. LAYOUT & RECORD DRAWINGS 1 lS 8,000.00 $ 8,000.00 TOTAL $ 82,550.00 Dated: 10/05/07 Prepared by ZAK JHI-COST -MASTER.xls Checked By JHI ENGINEERS COST ESTIMATE FOR INTERSTATE BUSINESS PARK PETER'S ROAD OFF-SITE DRAINAGE Jeff H. Iravani . ProJect No. 0606-939 OFF-SITE PAVING UNIT DESCRIPTION QUANTITY UNIT COST TOTAL MITERED END SECTION 2 EA 1,000.00 $ 2,000.00 14" X 23" ERCP 310 LF 40.00 $ 12,400.00 ITYPE "C" INLET 2 EA 2,500.00 $ 5,000.00 TOTAL $ 19,400.00 Dated: 10105107 Prepared by ZAK JHI-COST -MASTER.xls Checked By JHI J 11/0g/2007 12:18 7724525g87 PAGE 02 ITEM NO. C11-A DATE: 11/27/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to award Invitation to Bid #07-116, Sale of Two Gator Vehicles to the highest bidder, Treasure Coast Lawns, Inc. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: BOCC approved Issuing the bid on 9/25107, Agenda item C5-E RECOMMENDATION: Staff recommends 1. Board approval to award Invitation 10 Bid #07.116 forthe sale of a 1997 John Deere Gator 6x4 and a 1998 John Deere Gator 6)(4 to the highest bidder, Treasure Coast Lawns, Inc., for the total prIce 01$250.00,2. Permission to remove the equipment from Solid Waste's fixed assets, and 3. Authorization for the Chairman to sign any ne~saary documents as prepared by the County Attorney. COMMISSION ACTIQt<!: M ( ) APPROVED OlliER () DENIED Approved 5-0 County Attomey Solid Waste (X) ~ (X) e.. CoordlnatlonlSia natum Mgmt & Budget () Purchasing (X), ~ Other Fin ance (-.J for ClOpy Dnly if applicabl.) , ITEM NO. C11-A DATE: 11/27/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to award Invitation to Bid #07-116, Sale of Two Gator Vehicles to the highest bidder, Treasure Coast Lawns, Inc. BACKGROUND: Please see attached memorandum. FUNDS AVAilABLE: N/A PREVIOUS ACTION: BOCC approved issuing the bid on 9/25/07, Agenda item C5-E RECOMMENDATION: Staff recommends 1. Board approval to award Invitation to Bid #07-116 for the sale of a 1997 John Deere Gator 6x4 and a 1998 John Deere Gator 6x4 to the highest bidder, Treasure Coast Lawns, Inc., for the total price of $250.00,2. Permission to remove the equipment from Solid Waste's fixed assets, and 3. Authorization for the Chairman to sign any necessary documents as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) ( ) APPROVED OTHER () DENIED Douglas M. Anderson County Administrator County Attorney (X) ~ Coord ination/Sianatures Mgmt & Budget () Purchasing (X) ~ Solid Waste (X) Other Finance ('Ii for copy only if applicable) , PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: November 8, 2007 RE: Board approval to award Invitation to Bid #07-116, Sale ofTwo Gator Vehicles to the highest bidder, Treasure Coast Lawns, Inc. Backaround: The Solid Waste Department Director requested staff issue an Invitation to Bid for the sale of a 1997 John Deere Gator 6x4 and a 1998 John Deere Gator 6x4, which is on Solid Waste's fixed assets list. One hundred eighty firms were notified, four packages were distributed, and two bids were received. Recommendation: Staff recommends 1. Board approval to award Invitation to Bid #07-116 for the sale of a 1997 John Deere Gator 6x4 and a 1998 John Deere Gator 6x4 to the highest bidder, Treasure Coast Lawns, Inc., for the total price of $250.00,2. Permission to remove the equipment from Solid Waste's fixed assets, and 3. Authorization for the Chairman to sign any necessary documents as prepared by the County Attorney. I BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C,P.M, PURCHASING DIRECTOR Bid #07-116 - SALE FOR SURPLUS EQUIPMENT (1997&1998 John Deere Gators) TABULATION SHEET OPENED: OCTOBER 31, 2007 AT 3:00 P.M. Two submittals were received: 1997 John Deere 1998 John Deer Gator Gator PR # 500597 PR #500604 Edd Jones 13850 77th. St., Fellsmere, FI. 32948 $ 75.00 $ 75.00 Fax: (772) 571-9987 Treasure Coast Lawn $150.00 699 Ixoria Av. Ft. Pierce, FI. 34982 $100.00 Fax: (772) 464-0891 Number of companies notified": 180 Number of bid documents distributed": 4 Number of bids received: 2 "per demandstar.com J ITEM NO. C 11-8 DATE: 11/27/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to award Invitation to Bid (ITB) #07-107 Construction of Dune Crossovers damaged by Hurricane Frances and Hurricane Jeanne at Ocean Bay and Little Mud Creek to Summerlins Marine Construction, LLC for the cost of $144.00 per lineal foot. BACKGROUND: Please see attached memorandum. FUNDS AVAilABLE: 001-1930-546300 FG010C Grounds Maintenance-Ocean Bay 001-1930-546300-FG001C Grounds Maintenance-Little Mud Creek PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends Board approval to award Invitation to Bid #07-107 Construction of Dune Crossovers damaged by Hurricane Frances and Hurricane Jeanne at Ocean Bay and Little Mud Creek to Summerlins Marine Construction, LLC at a cost of $144.00 per lineal foot for a not to exceed cost of $75,000, and authorization for the Chairman to sign the contract as prepared by the County Attorney. ( ) ~ APPROVED OTHER () DENIED COMMISSION ACTION: Pulled prior to meeting. County Attorney (X) J;v coordination/Sia~~ lnL~ Mgmt & Budget (X) ~ Purchasing (X) ;;;fL Other Finance (V for copy only if applicable) Central Services (X) ~~l<;; J 1 PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: October 23,2007 RE: Board approval to award Invitation to Bid (lTB) #07-107 Construction of Dune Crossovers damaged by Hurricane Frances and Hurricane Jeanne at Ocean Bay and Little Mud Creek to the lowest responsive, responsible bidder, Summerlins Marine Construction, LLC for the cost of $144.00 per lineal foot. Backaround: Ocean Bav: High winds along with storm surges from Hurricane Frances and Hurricane Jeanne caused extensive damage to the dune crossover located at Ocean Bay. The 150 linear foot crossover included an ADA compliant beach access ramp. The storms uplifted, cracked and twisted the decking, causing some sections to be completely buried in the sand. In addition, an informational kiosk located at the entrance to the crossover was damaged and buried in the sand, and seven parking space signs in the parking lot were uprooted, twisted and damaged beyond repair. Following the storms the crossover was temporarily modified so the park could reopen and provide visitors beach access. Little Mud Creek: High winds along with storm surges from Hurricane Francis and Hurricane Jeanne caused extensive damage to the entire dune crossover and surrounding area. Originally this dune crossover was 5 feet wide and 143 feet long, and included one 10-foot square rest area 65 feet into the crossover and an additional 10-foot terminus at the beach end, with an ADA ramp and continuous handrail along each side of the crossover. Following the storms and relocation of the parking lot, replacement of the crossover will need to be increased to a length of 339 feet. Both projects were purposely delayed to allow the shore and dune adequate time to stabilize. Damage at the Ocean Bay location qualified it as a large project under FEMA guidelines. Little Mud Creek fell under the small project category. This ITB was issued September 16, 2007 and opene-d October 17, 2007. Three hundred forty one firms were notified, fifty one bid packages were distributed, and eight bids were submitted. Recommendation: Staff recommends Board approval to award Invitation to Bid #07-107 Construction of Dune Crossovers damaged by Hurricane Frances and Hurricane Jeanne at Ocean Bay and Little Mud Creek to the lowest responsive, responsible bidder Summerlins Marine Construction, LLC at a cost of $144.00 per lineal foot for a not to exceed cost of $75,000, and authorization for the Chairman to sign the contract as prepared by the County Attorney. , BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR #07-107 -CONSTRUCTION OF A DUNE CROSSOVERS @OCEAN BAY PARK TABULATION SHEET OPENED: OCTOBER 17, 2007 AT 2:30 P.M. Eight submittals were received: Per Linear Foot I Price SUMMERLlNS MARINE CONSTRUCTION LLC 200 Naco Rd. #C $144.00 Fort Pierce, FI. 34946 Fax: (772)464-7470 WILCO CONSTRUCTION INC. 28 N Causeways Dr. Unit #1 $159.00 Fort Pierce, FI. 34946 Fax: (772\ 460-6929 BLUE COVE CONSTRUCTION CORP. P. 0, Box 547293 $164.52 " Orlando, FI. 32854 Fax: (407\ 767-2024 CUSTOM BUILT MARINE CONSTRUCTION INC. 1321 SE Decker Ave, $192.00 Stuart, FI, 34994 Fax: (772) 288-2802 SANTA CRUZ CONSTRUCTION, INC. 4205 N. Courtenay Parkway $213.19 Merritt Island, FI, 32953 Fax: (321) 459-3358 SUNSHINE LAND DESIGN, INC. 3291 SE Lionel Terrace $234,50 Stuart, FI. 34997 Fax: (772\ 283-8944 KING MARITIME INC. 18 Fisherman's Wharf $320.00 " FI. Pierce, FI. 34947 Fax: (772\ 465-8799 ENVIROCARE CONSTRUCTION INC. 5536 S, Ridgewood Ave. $348.00 Port Orange, FI. 32127 Fax: (386) 322-8669 * NON- RESPONSIVE Number of companies notified"; 341 Number of bid documents distributed': 51 Number of bids received: 8 'per demandstar.com ITEM NO. C11-C DATE: 11/27/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PRESENTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval of the short-listed firms for Adjunct Management Services: 1. Miller Legg 2. MSCW 3. Urban Design Studio BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 102-1510-534000-100 Other Contractual Services 102-1510-531000-100 Professional Services PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends Board approval of the short-listed firms for Adjunct Management Services and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Then conduct contract negotiations with the successful short-listed firms; 3. If negotiations are successful, award a contract to the successful short-listed firm, and 4. Authorization for the Chairman to sign the contracts as prepared by the County Attorney. COMMISSION ACTION: (~ ( ) APPROVED OTHER () DENIED Approved 5-0 County Attorney (X) ~ r ~ Growth (X) ~ Management ~ Coordination/Sia natu res Mgmt & Budget (X) ~rt Other Purchasing (X) ~ Finance (" for copy only if applicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: November 9,2007 RE: Board approval of the short-listed firms for Adjunct Management Services BackQround: On March 20, 2007, staff was given permission to issue a Request for Qualifications (RFQ) encompassing Neighborhood-Charrette Planning Services, General Planning Services, and Adjunct Management Services. RFQ #07-048 was issued on April 13, 2007, and closed on May 11,2007. Two Thousand One Hundred Twenty Three (2,123) firms were notified, Seventy Two (72) firms were issued RFQ packages, and Ten (10) firms responded to the RFQ in total. Although Adjunct Management Services was originally dropped from the evaluation process, staff found it necessary to re-institute this portion of the RFQ due to current requirements. Six (6) firms submitted qualifications for this portion of the RFQ. Rankina 1. 2. 3. 4.. 5. 6. Firm Miller Legg MSCW Urban Design Studio lIer Planning Group Michele Mellgren & Associates Ft. Pierce Academy of Design Location Port St. Lucie, FL Stuart, FI. West Palm Beach, FI. Palm Beach Gardens, FI. Ft. Lauderdale, FI. Ft. Pierce, FI., Recommendation: Staff recommends Board approval of the short-listed firms for Adjunct Management Services and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Then conduct contract negotiations with the successful short-listed firms; 3. If negotiations are successful, award a contract to the successful short-listed firm, and 4. Authorization for the Chairman to sign the contracts as prepared by the County Attorney. ITEM NO. C11-D DATE: 11/27/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to advertise an Invitation to Bid for the construction of Municipal Service Bond Units (MSBU) #'1, 2, & 3. on Lennard Road for the construction of the road and utility improvements from Silver Oak Drive to south of Kitterman Road and to tie in to existing utilities. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 4115-101001-563008-4502. Lennard Road Roadway Improvements PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends Board approval to advertise an Invitation to Bid for the construction of Municipal Service Bond Units (MSBU) #'1, 2, & 3. on Lennard Road consisting of the construction of the road and utility improvements from Silver Oak Drive to south of Kitterman Road and to tie in to existing utilities. ~ ( ) APPROVED OTHER () DENIED COMMISSION ACTION: Approved 4-1 Comm. Grande voting no. Pulled by Comm. Grande for separate vote and discussion. Dou . Anderson County Administrator Engineering (X) }~ /WJp I coordination/Sianat~res I r'<'>-' A ./ Mgmt & Budget (X) /17f ~ Purchasing (X) #-- ;.:/ Finance (-..J for copy only if applicable) Other PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: November 13,2007 RE: Board approval to advertise an Invitation to Bid for the construction of Municipal Service Bond Units (MSBU) #'1, 2, & 3. on Lennard Road for the construction of the road and utility improvements from Silver Oak Drive to south of Kitterman Road and to tie in to existing utilities. Backaround: Staff is requesting permission to advertise an Invitation to Bid for construction of the following Lennard Road MSBU improvements. MSBU No.1 is for the construction of the Road from Silver Oak Drive to south of Kitterman Road MSBU NO.2 is for the installation of Water lines. MSBU NO.3 is for the installation of Sanitary Sewer lines. Recommendation: Staff recommends Board approval to advertise an Invitation to Bid for the construction of Municipal Service Bond Units (MSBU) #'1, 2, & 3. on Lennard Road consisting of the construction of the road and utility improvements from Silver Oak Drive to south of Kitterman Road and to tie in to existing utilities. -- AGENDA REOUEST ITEM NO. C12 _J."....'..,.... .~ ..", ,......,... "~ . .. .. ~, DATE: November 27, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: St. Lucie County Sheriff's Office Toby Long Director of Finance SUBJECT: Budget Amendment for Miscellaneous Income BACKGROUND: Annually at this time of year, the Sheriff submits a budget amendment to reconcile actual miscellaneous revenues received with budgeted amounts. No additional funds are being requested. FUNDS WILL BE AVAILABLE IN: N/A PREVIOUS ACTION: None RECOMMENDATION: Staff recommends approval of the Sheriff's request for a budget amendment, to increase the budget for miscellaneous revenues for the 2006/2007 budget year by $162,247. COMMISSION ACTION: r<] APPROVED [ ] DENIED [ ] OTHER: u sAnderson County Administrator Approved 5-0 County Attorney: ~2l Review and ADDrovals III\~ ~anagement & BUdget~ ~'1~1 Purchasing: Originating Dept. Other: Other: Finance: iCheck for Copy only, if applicable) Eff. 5/96 Office of the Sheriff Memo TO: S1. Lucie County Board of County Commissioners Sheriff Ken J. Mascar(~ . November 8, 2007 ~ FROM: DATE: SUBJECT: AGENDA REQUEST - ITEM #: CI2 The attached agenda request is to increase the budget amount of miscellaneous revenue in the Sheriffs 2006-2007 Budget by $162,247. No additional funds are being requested. Thank you for your continued support. OFFICE OF MANAGEMENT & BUDGET NOV 0 9 2007 ST LUCIE COUNTY FLORIDA ITEM NO. C-13 DATE: November 27, 2007 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: ERDIOxbow Eco-Center Sandra Boqan. ManaQer SUBJECT: Extend contract deadline for Exhibit BACKGROUND: On February 22, 2005, the Board of County Commissioners awarded Wilderness Graphics the contract to build and install a St. Lucie River Exhibit for the Oxbow Eco-Center. Contract # C05-02-202 was completed, setting a delivery date of May 24,2007. On May 22,2007 we extended the delivery date to November 27, 2007. Wilderness Graphics has completed preliminary and final design plans and are currently in the construction phase. They are expected to install the exhibit in December, 2007. Therefore, we would like to extend the date through January 30, 2008, to allow for any final adjustments that may need to be made. FUNDS AVAilABLE: N/A PREVIOUS ACTION: Awarded Contract #C05-02-202 on February 22, 2005, with a delivery date of May 24, 2007. Contract was extended on May 22, 2007 through November 27,2007. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the amendment as drafted by the County Attorney's office and authorize the chair to sign. COMMISSION ACTION: l() APPROVED () DENIED ( ) OTHER DOU DERSON Approved 5-0 COUNTY ADMINISTRATOR Coordination/Siqn atures County Attorney (X) Originating Dept. (X) Mgt. & Budget ( ) Other ( ) Purchasing ( ) Other ( ) Finance: (check for copy, only if applicable)_ Commission Review: November 27,2007 ENVIRONMENTAL RESOURCES DEPARTMENT MEMORANDUM TO: County Commission FROM: Sandra Bogan, Education & Outreach Manager DATE: November 9, 2007 I SUBJECT: Request to extend St. Lucie River Exhibit contract with Wilderness Graphics On February 22, 2005, the Board of County Commissioners awarded Wilderness Graphics contract # C05-02-202 to build and install a St. Lucie River Exhibit for the Oxbow Eco-Center, with an original delivery date of May 24,2007. The contract was extended on May 22,2007 with a delivery date through November 27,2007. Wilderness Graphics has completed preliminary and final design plans and are currently in the construction phase. They are expected to install the exhibit in December, 2007. Therefore, we would like to extend the contract through January 30, 2008, to allow for any final adjustments that may need to be made. SUBMITTED: \~ eJ\x ) ~ Sandra Bogan Education & Outreach Manager cc: Doug Anderson, County Administrator Dan Mcintyre, County Attorney Vanessa Bessey, Environmental Resources Department Director File SECOND AMENDMENT TO FEBRUARY 22, 2005 CONTRACT THIS SECOND AMENDMENT made and entered into this day of ,2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida ("County"), and WILDERNESS GRAPHIC, INC. ("Contractor"). WITNESSETH: WHEREAS, on February 22, 2005, the parties entered into a Contract wherein the Contractor agreed to develop, build, and install a natural history exhibitfor the Oxbow Eco-Center; and, WHEREAS, the Contract provided for the Contractor to complete and install the natural history exhibit on or before five hundred forty calendar days, unless extended by the County; and, WHEREAS, on May 22, 2007, the parties entered into a First Amendment to extend the completion time to November 27, 2007; and, WHEREAS, the Contractor is in the construction phase of the project and the parties have agreed to extend the term of the Contract through and including January 30, 2008. NOW. THEREFORE, inconsideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: 1. Section 6., Time of Performance / Delays and Extensions of Time is hereby amended to read as follows: 6. Time of Performance/Delays and Extensions of Time. The Contractor shall begin work within thirty (30) calendar days after the signing, execution and delivery of written notice to proceed, and all services shall be completed on or before January 30, 2008. Conunencement of the Work by the Contractor shall be deemed a waiver of this notice. The Works shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time limit set forth in the Contract. In the event the construction schedule as set forth in the Contract documents is changed, the Contractor shall notify the county, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the County in writing. In the sole opinion of the County, should the organization of the Contractor, or its management, or the manner of carrying on the Work be manifestly incompetent, or inadequate to do the Work specified within the stated time, the County shall have the right to take charge of the Work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for any obligation incurred or expenditure made by the Contractor prior to the effective date of the notice to proceed described above, unless the County authorizes such payment in writing. As the Contractor's sole and exclusive remedy for delay, the County may grant an extension of the contract time, when a critical item of Work is delayed by any factors contemplated or not contemplated at the time of the bid. Such extensions of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time. All claims for extension of time shall be made in writing to the County. Claims for delay due to inclement weather (i.e., beyond the lO-year mean average) shall be made by the 10th day of the month following the month of the delay. All other claims shall be made no more than twenty (20) days after the commencement of the delay. Claims made beyond these time limits shall be null and void. Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information. In case of a continuing cause of delay only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All authorized extensions of time shall only be done by Change Order. 2. All other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Second Amendment to the February 22, 2005 Contract on the day and year above first written. ArrEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ArrORNEY WITNESSES: WILDERNESS GRAPHICS, INC. . . ITEM NO. c -I.tICL AGENDA REQUEST DATE: Nov. 27. 2007 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): UTILITIES DEPARTMENT GROWTH MANAGEMENT DEPARTMENT PRESENTED BY: ~. r!a1J~ Lurie Case - Utility Director SUBJECT: Staff requests approval of a Work Authorization with Camp Dresser & McKee, Inc. for engineering services to prepare and submit Comprehensive Plan Amendments for Water Supply Development Projects in an amount not to exceed $46,300.00. FUNDS AVAILABLE: 102-1510-531000-100 (Professional Services; Planning) $25,130.00 471-3600-531000-300 (Professional Services; Utilities) $21,170.00 PREVIOUS ACTION: Board of County Commissioners approved continuing contract #C05-04-188. RECOMMENDATION: Staff recommends Board approval of a Work Authorization with Camp Dresser & McKee, Inc. for engineering services to prepare and submit Comprehensive Plan Amendments for Water Supply Development Projects in an amount not to exceed $46,300.00. ~ APPROVED o OTHER: Approved 5-0 Pulled by Comm. Grande for separate vote and discussion. o DENIED COMMISSION ACTION: Dou as nderson County Administrator X County Attorney: ;1/ !Ie Review and Approvals X Management and Budget: o Purchasing: X Originating Dept: X Growth Management: o Other: o Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the St, Lucie County Community Services Manager at 772-482-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting, .. - UTiliTY DEPARTMENT MEMORANDUM FROM: Board of County Commissioners Laurie Case, Utility Director ~ November 27, 2007 TO: DATE: RE: Comprehensive Plan Amendment for Water Supply Development Projects BACKGROUND: On July 12, 2006, the South Florida Water Management District (SFWMD) Governing Board approved the 2006 Upper East Coast (UEC) Water Supply Plan Amendment. Section 163.3177(6)(c), Florida Statues, requires that local governments adopt comprehensive plan amendments within 18 months of the SFWMD approval of the UEC Water Supply Plan amendment. St. Lucie County is required to submit the amendments to the Department of Community Affairs (DCA) for consideration by January 12, 2008. This Work Authorization is for CDM's assistance in preparing the comprehensive plan amendment to meet the January 2008 deadline. Phase I accounts for all matters pertaining to the Utilities Department (Utilities) including the Water Supply Facilities Work Plan, and Phase II accounts for the preparation of the comprehensive plan amendments and required meetings (Growth Management). The deadline for the County to submit the proposed amendments to the DCA for review is January 12, 2008, however due to staffing changes in the Growth Management Department, the County recently requested an extension through March 2008. (See attached letter.) Utilities and Growth Management Departments will work jointly to complete this requirement. RECOMMENDATION: Staff recommends Board approval of a Work Authorization with Camp Dresser & McKee, Inc. for engineering services to prepare and submit Comprehensive Plan Amendments for Water Supply Development Projects in an amount not to exceed $46,300.00. . .. EXHIBIT A ST. LUCIE COUNTY, FLORIDA COMPREHENSIVE PLAN AMENDMENT FOR WATER SUPPLY DEVELOPMENT PROJECTS SCOPE OF SERVICES BACKGROUND St. Lucie County Utilities (SLCD) currently owns and operates the Holiday Pines Water Treatment Plant (WTP) in the northern portion of the County, with a permitted capacity of 0.288 million gallons per day (mgd). The majority of County's service area receives potable water through a bulk user agreement between SLC and Ft. Pierce Utilities Authority (FPUA). The eastern portion of St. Lucie County, east of Interstate 95 (1-95), is served by SLCD, FPUA or the City of Port St. Lucie. The area west of 1-95, or unincorporated St. Lucie County, faIls within the County's service but does not currently receive water service due to the fact that it is outside the urban service boundary. On July 12, 2006, the South Florida Water Management District (SFWMD) Governing Board approved the 2006 Upper East Coast (UEC) Water Supply Plan Amendment. Section 163.3177(6)(c), Florida Statutes, requires that local governments adopt comprehensive plan amendments within 18 months of the SFWMD approval of the DEC Water Supply Plan amendment. The required amendment to the County's comprehensive plan must include the development of 10-year water supply facility work plans. These plans are intended to identify the specific water supply projects that meet the projected future demands. The deadline for the County to submit proposed comprehensive plan amendments to the Department of Community Affairs (DCA) for review is January 12, 2008. The County recently requested an extension through March 2008 due to staffing changes in the Department of Growth Management, The amendment must account for all utilities within the County (including Ft. Pierce Utilities Authority, the City of Port St. Lucie, St. Lucie West, and private utilities within the County). The County has requested CDM's assistance in preparing the comprehensive plan amendment to meet the January 2008 deadline. The following is the scope of services for this effort. Phase I accounts for all matters pertaining to the Utilities Department (such as work plans, data collection, water supply project information), independent of the actual comprehensive plan amendments (Utilities). Phase II accounts for preparation of the comprehensive plan amendments and required meetings (Growth Management). SCOPE OF SERVICES Phase I (Utilities Department) Task 1 - Data collection SFWMD requires that the comprehensive plan amendment account for all utilities A-I jb1498 Scope. doc , . within the County. CDM will gather the necessary information from the various utilities for use in preparation of the comprehensive plan amendment. This task will include coordination between the various utilities, SFWMD, CDM and the County. Task 2 - Population and Demand Projections SFWMD requires that regional water supply plans be based on a 20-year planning horizon, including a quantification of the water supply needs for all existing and future reasonable-beneficial uses within the planning horizon. CDM will use the population and demand projections developed for the County's recent Water Use Permit (WUP) modification as the basis for this effort. In addition to the projections for the County's service area, a further breakdown will be required for each of the municipal utilities within the County. CDM will gather the best available data and review the WUP projections to prepare an accurate summary of demand by utility. Task 3 - Water Supply Project Identification During the UEC Water Supply Plan amendment process, SFWMD determined that the County's current water system could not meet demand over the 20-year planning horizon. As a result, two water supply development projects were included in the amendment. The first, a reclaimed water project, was the expansion of the County's existing North Hutchinson Island Wastewater Treatment Facility. The second was a reverse osmosis water treatment plant in the north county area. Florida Statutes require that the County identify any additional water supply development project as part of this comprehensive plan amendment. Since the County is proposing a series of new WTPs and WWTPs, these facilities must be included in the amendment. This task will include preparation of the necessary documentation for the water supply development projects, including: . Estimate of the quantity of water to be produced by each project; . Financial planning status and funding needs; . Implementation schedule/ facilities master planning status; and . Permitting status. This task will include preparation of the required documentation for the two projects currently identified in the DEC Water Supply Plan and the proposed projects that are not listed in the Plan. Task 4 - Water Supply Work Plan CDM will utilize information gathered in Tasks 1 and 2 to prepare the required Water Supply Work Plan. The Work Plan is required to include the following information: . Service Area Description . Finished Water Demand Projections A-2 jb14ge Scope.doc " .. · Raw Water Demand Projections · Raw Water Source Identification · Alternative Water Supply Program . Conclusions CDM will provide a draft of the Work Plan to the County for review and comment prior to finalizing the submittal to SFWMD/DCA. Phase II (Growth Management) Task 5 - Modification of Applicable Comprehensive Plan Elements CDM will propose revisions, in strike But and underline format, to the elements of the comprehensive plan to be amended. These elements shall include the relevant portions of the "Potable Water/Solid Waste/Drainage/Sanitary Sewer Sub-Elements," the Intergovernmental Coordination Element," and the "Capital Improvements Element." Task 6 - Notifications and Response to Comments Received The County is required to provide notice of proposed comprehensive plan amendments to the Planning and Zoning Board. CDM will prepare for and participate in one Planning and Zoning Board meeting. The Treasure Coast Regional Planning Council is a separate entity that is intended to serve as a clearinghouse for intergovernmental coordination. It is not anticipated that a meeting with the Planning Council will be required. CDM will coordinate the required notification and address comments received from the Planning and Zoning Board, if any. Task 7 - Meetings CDM will assist the County in preparing for Board of County Commissioners (BOCC) meeting(s) to present the proposed amendments and attend the meeting(s) to address comments from the BOCC. CDM will prepare for and attend up to two BOCC meetings, two preparatory meetings with staff prior to the BOCC meetings, and will assist in preparation of the staff report. The staff report will include a summary of legislation, the proposed comprehensive plan revisions, and the work plan. CDM will also attend up to two meetings with utilities within the County during the data gathering process, as needed. SLC RESPONSIBILITIES SLCU shall provide all reasonable and necessary data requested by CDM to prepare for meetings and address requests for information from interested parties. SLCU will also provide advanced notice of all meetings, to the extent possible, to allow for sufficient preparation time. OTHER SERVICES NOT INCLUDED IN THIS SCOPE OF WORK The following items are not included in this scope of services: A-3 jb1498 Scope.doc \ .. . Preparation of annual progress reports required by Section 373.0361 (7) (b), Florida Statutes. SCHEDULE CDM will complete the comprehensive plan amendment package for submittal to DCA in advance of the required Public Hearing and the January 12, 2008 deadline (or the March 2008 extension, if granted by DCA). CDM will submit review copies as completed and allow sufficient review time for County staff. A-4 jb1498 Scope.doc 'If " PROJECT: PROJECT DESCRIPTION: REFERENCE: Labor Categorv Officer PrincipaV Associate Professional II Professional I Admin Support TOTAL HOURS SALARY OTHER DIRECT COSTS GRAND TOTAL ATTACHMENT B-1 PROJECT BUDGET PHASE I St. Lucie County Utility Department Comprehensive Plan Amendment for Water Supply Development Projects As Outlined in the Scope of Services. Agreement between St. Lucie County and Camp Dresser & McKee Inc. Hours Rate Cost 40 $155 $7,200 6 $140 $930 72 $100 $7,920 40 $80 $3,600 ~ $60 $520 166 $20,170 $1.000 $21.170 USE AN UPPER LIMIT (NOT TO EXCEED) , $21170 B-1 jb 1498 Scope.doc PROJECT: PROJECT DESCRIPTION: REFERENCE: Labor Categorv Officer PrincipaV Associate Professional II Pro fessional I Admin Support TOTAL HOURS SALARY OTHER DIRECT COSTS GRAND TOTAL \ j ATTACHMENT B-2 PROJECT BUDGET PHASE II St. Lucie County Utility Department Comprehensive Plan Amendment for Water Supply Development Projects As Outlined in the Scope of Services. Agreement between St. Lucie County and Camp Dresser & McKee Inc. Hours Rate Cost 44 $l55 $7,920 28 $l40 $4,340 60 $100 $6,600 40 $80 $3,600 II $60 linQ 190 $23,630 $1.500 $25.130 $25 130 USE AN UPPER LIMIT (NOT TO EXCEED) B-2 jb149B Scope.doc .~ \ BOARD OF COUNTY COMMISSIONERS GROWTH MANAGEMENT October 15, 2007 Mr. Bob Dennis. Regional Planning Administrator Southeast Community Planning Team Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 RE: ST. LUCIE COUNTY COMPREHENSIVE PLAN 10-YEAR WATER SUPPLY FACILITIES WORK PLAN DEAR MR. DENNIS, Please accept this letter informing the Department of Community Affairs that St. Lucie County may require additional time in the transmittal of the Water Supply Facilities Work Plan, noted above. The required transmittal date is January 12. 2008. The possible delay stems from an almost complete turnover of management staff within our Growth Management Department. As such, the new staff has only very recently been made aware of this requirement. However, be advised that the necessary steps to complete the element are now well underway. We anticipate transmittal on date prior to March 1, 2008 and hope this slight delay is acceptable. The St. Lucie County Utilities Director and I would very much appreciate an opportunity to discuss with you our schedule requirements at your earliest convenience. I thank you for your time and consideration in this matter and look forward to discussing this in greater detail. Sincerely, Mark Sa rlee, AICP, Director St. Luci County Growth Management Cc: Board of County Commissioners Douglas Anderson, County Administrator Faye Outlaw, Assistant County Administrator Laurie Case, Utilities Director JOSEPH E. SMITH. District No, I . DOUG COWARD. District No.2. PAULA A, LEWIS. District No.3. CHARLES GRANDE, District No.4 . CHRIS CRAFT, Districl No.5 County Administrator - Douglas M. Anderson Websile: www.co.sHucie.fl.us 2300 Virginia Avenue - Fort Pierce. FL 34982-5652 Administration: (772) 462-1590 FAX: (772) 462-2845 Planning: (772) 462-2822 GIS/Mapping Services: (772) 462-2822 FAX: (772) 462-1581 Economic Development: (772) 462.1550 FAX: (772) 462-1579 Tourist Development: (772) 462-1535 1(800) 344.TGIF FAX: (772) 462.2132 ITEM NO. C-14b DATE: Nov. 27. 2007 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) SUBMITTED BY (DEPT): UTILITIES DEPARTMENT PRESENTED BY: ~.~ if il L/h0!. J: urie Case Utility Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Staff requests the Board approve Resolution #07-379 relating to the State Revolving Fund Loan program and adopts the Preliminary Engineering Report for the design to expand the North Hutchinson Island Wastewater Treatment Plant to 1.00 million gallons per day. FUNDS AVAILABLE: N/A PREVIOUS ACTION: Board of County Commissioners approved Resolution #07-158 relating to the State Revolving Fund Loan program and authorized the loan application and agreement on May 1,2007. Board of County Commissioners approved the Work Authorization for Boyle Engineering (formerly LBFH, Inc.) to design the expansion of the North Hutchinson Island Wastewater Treatment Plant from 0.5 million gallons per day (mgd) to 1.00 mgd on May 1,2007. RECOMMENDATION: Staff recommends that the Board approve Resolution #07-379 relating to the State Revolving Fund Loan program and adopts the Preliminary Engineering Report for the design to expand the North Hutchinson Island Wastewater Treatment Plant. o APPROVED /!SOTHER: o DENIED COMMISSION ACTION: Pulled prior to meeting. Douglas Anderson County Administrator g Originating Dept: ~/ "~I '.1 Review and ADDrovals o County Attorney: o Management and Budget: o Purchasing: o Other: o Other: o Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting, UTiliTY DEPARTMENT MEMORANDUM FROM: Board of County Commissioners Laurie Case, Utility Director \~ November 27,2007 TO: DATE: RE: Preliminary Engineering Report North Hutchinson Island Wastewater Treatment Plant Expansion BACKGROUND: In order to meet necessary FDEP timelines to provide capacity for future growth demands, it was necessary to start the design for the expansion of the North Hutchinson Island Wastewater Treatment Plant. Currently, the NHI Wastewater Treatment Plant (NHIWWTP) is permitted for a three-month average flow of 0.50 million gallons per day; however, the NHIWWTP is projected to exceed its treatment capacity in 2011. A population and capacity evaluation report concluded from historical flow trends, planned developments, and future zoning, that the build-out wastewater treatment demand for the NHI service area would be no greater than 1.0 MGD; therefore, the expansion to the facility is being designed to treat this flow. Boyle Engineering, formerly LBFH, Inc., has completed the Preliminary Engineering Report (PER) that sets forth the plan for the design of the NHIWWTP expansion. An Executive Summary of the PER is attached; the complete copy of the report is available for review in the St. Lucie County Utilities' office. Staff is recommending using the State Revolving Fund (SRF) loan to initially fund this project. SRF is a low interest loan, currently less than 3%, that will be paid by revenue from rates, fees and charges of the Utility System, and repayment does not start until six months after completion of the project. The County has already been approved for the SRF funding for pre-construction and it is anticipated that construction funding will be approved in 2008. In order to continue to meet the requirements of the SRF program, adoption of the resolution supporting the Preliminary Engineering Report is needed. Utility staff has placed a legal advertisement in the Ft. Pierce Tribune notifying the public of this meeting and have also met with representatives of the North Hutchinson Island Homeowners Association to answer questions and receive comments. RECOMMENDATION: Staff recommends that the Board approve Resolution #07-379 relating to the State Revolving Fund Loan program and adopts the Preliminary Engineering Report for the design to expand the North Hutchinson Island Wastewater Treatment Plant. RESOLUTION NO. 07 - 379 A RESOLUTION OF ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SITTING AS THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT, RELATING TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) STATE REVOLVING FUND (SRF) PROGRAM; ADOPTION OF THE WASTEWATER PLANNING DOCUMENT FOR CONSTRUCTION OF A WASTEWATER TREATMENT PLANT EXPANSION ON NORTH HUTCHINSON ISLAND WITHIN THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Florida Statutes provide for loans to local government agencies to finance the construction of water pollution control facilities; and WHEREAS, Florida Administrative Code rules require authorization by the County Commission to formally adopt a plan outlining necessary wastewater treatment facility improvements to comply with State of Florida funding requirements. This is known as a Wastewater Facilities Planning Document; and WHEREAS, formal adoption of the proposed Wastewater Facilities Planning Document is required in order for St. Lucie County to participate in the State Revolving Fund program; and WHEREAS, St. Lucie County, Florida, sitting as the St. Lucie County Water and Sewer District, agrees with the findings and summary of necessary improvements as outlined in the Wastewater Facilities Planning Document and; the Board of County Commissioners intends to proceed with funding and constructing the necessary improvements as approved by the Florida Department of Environmental Protection. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, sitting as the St. Lucie County Water and Sewer District: Section 1. ADOPTION OF THE W ASETW ATER FACILITIES PLANNING DOCUMENT. St. Lucie County, Florida, sitting as the St. Lucie County Water and Sewer District, formally approves and adopts the St. Lucie County Wastewater Facilities Planning Document as written and presented to the County Commission on November 27,2007. Section 2. FINDINGS. The following findings are incorporated herein by reference and made a part hereof: :[ . 1. St. Lucie County, Florida, sitting as the St. Lucie County Water and Sewer District, is authorized to approve the proposed Wastewater Facilities Planning Document. 2. The County Administrator is hereby designated as the authorized representative to provide the assurances and commitments that are required by the Wastewater Facilities Planning Document. 3. The County Administrator is hereby designated as the authorized representative to execute the Wastewater Facilities Planning Document, which will become the foundation of all activities related to the wastewater facilities expansion project. The County Administrator is authorized to represent the County in carrying out the County's responsibilities identified in the Wastewater Facilities Planning Document. The County Administrator is authorized to delegate responsibility to the appropriate County Staff to carry out the technical, financial, and administrative activities associated with the Wastewater Facilities Planning Document. 4. The legal authority for adoption of this Wastewater Facilities Plan is Section 153.62, Florida Statutes. Section 3. REPEALING CLAUSE. All Resolutions or any part of a Resolution in conflict with any of the provisions ofthis Resolution are hereby repealed. Section 4. SEVERABILITY. If any section, paragraph, sentence, clause, phrase, or word of this Resolution is for any reason held by a court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this Resolution Section 5. EFFECTIVE DATE. This Resolution shall become effective upon adoption. (the "Effective Date.") Section 6. ADOPTION. After motion and second, the vote on this Resolution was as follows: Chairman Joseph Smith xxx XXX XXX XXX Vice Chairman Paula A. Lewis Commissioner Doug Coward Commissioner Charles Grande Commissioner Chris Craft XXX PASSED AND DULY ENACTED this 27th day of November, 2007. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA, SITTING AS THE ST. LUCIE COUNTY WATER AND SEWER DISTRICT ATTEST: BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney NORTH HUTCHINSON ISLAND REGIONAL WASTEWATER TREATMENT PLANT EXPANSION TO 1.00 MILLION GALLONS PER DAY PRELIMINARY ENGINEERING REpORT Executive Summary The North Hutchinson Island (NHI) Regional Wastewater Treatment Plant (WWTP) provides wastewater treatment and reclaimed water distribution for the St. Lucie County Utilities (SLCU) service area on North Hutchinson Island in Fort Pierce, Florida. Currently, the facility is permitted for a three- month average daily flow (3MADF) of 0.50 million gallons per day (mgd); however, the NHI WWTP is projected to exceed its treatment capacity in 2011. Therefore, St. Lucie County Utilities has initiated the process to design and construct an expansion of the WWTP to accommodate projected flows. A population and capacity evaluation report prepared for the NHI WWTP concluded from historical flow trends, planned developments, and future zoning, that the build-out wastewater treatment demand for the NHI service area would be no greater than 1.0 mgd (3MADF); therefore, the expansion to the facility will be designed to treat this flow. In order to determine the most practical and economical method to expand the NHI WWTP, three treatment alternatives were developed and evaluated. Two of the alternatives involved expanding upon the current WWTP process, modified Ludzack-Ettinger (MLE) Biological Nutrient Removal (BNR), by increasing tank volumes and improving treatment process efficiencies. The third alternative involved changing the wastewater treatment process by retrofitting the current WWTP structures with membrane biological reactor (MBR) technology. Each alternative was examined and rated based upon characteristics such as costs, constructability, operation and maintenance during and after construction, land area required, air quality, and aesthetics. Based upon the results of the evaluation and consultation between St. Lucie County Utilities and the engineer, it was decided that the NHI WWTP Expansion would utilize the MLE BNR process. The proposed expansion will allow for an increase in the capacity ofthe existing WWTP and retain the current overall treatment process. In addition, this alternative will improve the treatment efficiency of the facility as activated sludge process control will be more repeatable and reliable. New components proposed to improve the operability and overall efficiency of the WWTP include: . Grit removal system: Removes harmful grit that may damage facility equipment. . Flow splitter box: Regulates amount of influent flow to the anoxic basin by diverting excess flow to the equalization basin. . Equalization basins: Attenuate the impact of varying daily flow volumes into the WWTP. . Fine bubble diffusion for aeration basins: Increases surface area of bubble aeration, thus improving oxygen transfer and mixing, and requiring less blower motor horsepower. . Circular clarifiers: Allow for improved solids handling and concentration for return activated sludge/waste activated sludge (RAS/W AS). . Discfilters: Provide 10 micron filtration with low backwash water volumes. . RAS/W AS Pumps: Replace airlift sludge pumps with centrifugal pumps giving more accurate flow control of RAS/W AS with increased capacity. Improves control of the sludge blanket. Other proposed components include: . Expanded chlorination facilities . Expanded reject water storage . New 2.5 million gallon reclaimed water storage tank with architectural features and landscape buffering . Expanded odor control system . Additional pumps The Engineer's Estimate of Probable Construction Cost for the NHI WWTP expansion, based on proposed features, is $6,262,000. SLCD intends to fund the construction of the expansion with the assistance of the Florida Department of Environmental Protection's State Revolving Fund Loan Program (SRF). The SRF provides low-interest loans for planning, designing, and constructing water pollution control facilities. This project has already been approved for pre-construction funding through the SRF, and it is anticipated that construction funding will be approved in 2008. The Preliminary Engineering Report (PER) further elaborates upon the development of the preliminary design ofNHI WWTP expansion. A complete copy of the PER is available for review in the SLCU office. Approval of this item demonstrates the S1. Lucie County Board of County Commissioners' approval of the recommendations included in the PER and its acceptance of the PER as the planning document for the expansion of the NHI WWTP. NHI WWTP !'ER Pae" 2 of2 NOTICE OF PUBLIC MEETING The public is hereby notified that the Consent Agenda for the regularly scheduled November 27,2007, meeting of the Board of County Commissioners of St. Lucie County, Florida, will contain a resolution approving the recommendations of the Preliminary Engineering Report prepared by Boyle Engineering, Inc. and adopting the report as the planning document for the expansion of the North Hutchinson Island Wastewater Treatment Plant. The meeting will begin at 9:00 A.M. or as soon thereafter as possible, at 2300 Virginia A venue, Fort Pierce, Florida. Public comment will be heard during the General Public Comment portion of the meeting. ~17) ,~ \ .., m ~]! . , I ~ Iii I .. .1 <1 _n....,:,~~~,~""'~~ .,",'.:' . j AGENDA REQUEST ITEM NO: C-15~ DATE: November 27,2007 Presentation [ ] Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Stefanie Myers, Assistant Director SUBMITTED BY: Community Services Department SUBJECT: Approval of Budget Resolution #07-380 to encumber and expend funds in the amount of $135,000.00 as per the contract with St. Lucie I.N.T.A.C.T., the long-term recovery organization. BACKGROUND: I.N.T.AC.T. (Inspired Network to Achieve Community Together) has grant funding available to support coordinator and case manager responsiblities for long term recovery for County residents. FUNDS AVAIL: 001424-6420-512000-600 (My Safe Florida Home Low-Income Program) PREVIOUS ACTION: On September 11, 2007, the Board approved the contract with I.N.T.A.C.T. to fund already existing positions for case management and program management assistance for I.N.T.A.C.T, and to purchase computers and office equipment/furniture for these positions. RECOMMENDATION: Staff recommends approval of Budget Resolution # 7-380 and authorization for the Chair or designated representative to sign all necessary documents. COMMISSION ACTION: M APPROVED [] DENIED [ ] OTHER Approved 5-0 CONCURRE County Attorney: x ~ Purchasing: Originating Department: x V'Jill Other: Coordination/SiQnatures . . //1. r.J.A Management & Budget x~ Other:_Human Resources Finance: x Check for copy only, if applicable . " COMMUNITY SERVICES MEMORANDUM #08-40 TO: Board of County Commissioners FROM: Stefanie Myers, Assistant Director SUBJECT: Approval of Budget Resolution #07-380 to encumber and expend funds in the amount of $135,000.00 as per the contract with INTACT, the long-term recovery group DATE: November 27, 2007 St. Lucie I.N.T.A.C.T. (Inspired Network to Achieve Community Together) has grant funding available to support coordinator and case manager responsibilities for long term recovery for the County. On September 11,2007, the Board approved the contract with I.N.T.A.C.T. to fund positions for case management and program management assistance for INTACT, to purchase computers and office equipment/furniture for these positions. RECOMMENDATION: Staff recommends approval of Budget Resolution # 7-380 and authorization for the Chair or designated representative to sign all necessary documents. . RESOLUTION NO. 07.380 WHEREAS, subsequent to the adoption of the 51. Lucie County Board of County Commissioners budget for 51. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a grant from INTACT (Inspired Network to Achieve Community Together) to provide mitigation training to area residents to help them better prepare for disasters. in the amount of $135,000. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of SI. Lucie County, Florida, in meeting assembled this 27th day of November, 2007, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2007-2008, and the County's budget is hereby amended as follows: REVENUE 001424-6420-337635-600 INTACT-Inspired Network Ach Com Together -INTACT $135.000 APPROPRIATIONS 001424-6420-512000-600 001424-6420-534000-600 001424-6420-540000-600 001424-6420-551000-600 001424-6420-551200-600 001424-6420-551501-600 Salaries Other Contractual Services Travel Office Supplies Equipment < $1000 Office Supplies-Computer $ 25,000 $ 89,000 $ 5,000 $ 5,000 $ 10,000 $ 1.000 After motion and second the vote on this resolution was as follows: Commissioner Joseph E. Smith, Chairperson Commissioner Paula Lewis, Vice Chairperson Commissioner Chris Craft Commissioner Doug Coward Commissioner Charles Grande xxx XXX xxx xxx xxx PASSED AND DULY ADOPTED THIS 27th DAY OF NOVEMBER, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY . (~ 0<'ecu-ted ~vt t> ~+i"j f ~"'. o-f +. 511~' .. AGREEMENT BETWEEN st. Lucie INTACT "Inspired Network To Achieve Community Together" St. Lucie County's Long-Term Recovery Committee and the Board of County Commissioners St. Lucie County, Florida THIS AGREEMENT is made and entered into this _ day of , 2007, by and between St. Lucie INTACT, hereinafter referred to as "INTACT", and the Board of County Commissioners, St. Lucie County, Florida, hereinafter referred to as the "County." ARTICLE I PERIOD OF AGREEMENT This Agreement shall begin October 1, 2007 and shall end September 31,2008, INTACT reserves the right to continue this agreement for one (1) additional year, subject to agreement by the parties on terms and costs. Community Services agrees to provide INTACT with a proposal for service continuation, including costs, by not later than August 15, 2008. ARTICLE /I SCOPE OF SERVICES The County agrees its Community Services Department shall perform the following services for and on behalf of INTACT: 1. General administration services, including but not limited to: a. Preparation and distribution of correspondence and reports. b. Filing and maintenance of records. c. Responding to inquiries, answering of routine questions and distribution of messages. d. Program and grant management, including reporting, financial oversight, goal setting, problem solving, staff and volunteer coordination and training 2. Committee and Board management, including but not limited to the: a. Notification of meetings. b. Preparation and distribution of agendas, minutes, and reports. c. Assistance in recruiting representatives to serve on Committees and Board. d. Support of Committees to develop and implement strategies to achieve the mission and goals of INTACT. 3. Coordination and support of committees, including but not limited to: a. Assisting with the ongoing work of Volunteer Coordination Committee, Case Management Committee, Spiritual and Emotional Care Committee, Fund Development Committee, and the Public Relations Committee. Assistance may be in the form of recruitment, training, supervision, and recognition of volunteers. b. Assisting with organization and maintenance of the committee process by which volunteers are assigned to help individuals and agencies affected by area disasters, COMMUNITY SERVICES-INTACT AGREEMENT PAGE20F6 ( c. Assisting with the management of a committee process through which volunteers are scheduled to work and all necessary records associated with their work are properly maintained. d. Identifying and assisting with grant applications. 4. Maintain information as to the purchase or inventory of materials necessary to make repairs associated with area disasters. 5. Coordination with local agencies serving the same constituency as INTACT, including but not limited to: a. Facilitating communication among human services organizations and government. b. Efforts to reduce or eliminate duplication of services to individuals and agencies with respect to area disasters. c. Efforts to secure grant and other funding to assist INTACT achieve its mission and goals. 6. Initiate media releases and public service announcements and maintain website information. 7. Performing similar services to that listed above as may be assigned by INTACT Executive Board and as determined to be necessary to achieve INTACT's mission and goals, 8. Provide and participate in the case management of individuals or agencies affected by area disaster, as needed. With regard to the County delivering the scope of services herein, INTACT agrees to the following: 1. INTACT will use its committees and partnerships to deliver direct services including: a. The development and implementation of a coordinated volunteer program that includes the recruitment, training, supervision and recognition of volunteers. b. The scheduling of volunteers to work and the collection of all necessary records associated with their work. c. The securing of necessary permits to make repairs associated with area disasters. d. The procurement and storage of materials, and the development and maintenance of an inventory of materials necessary to make repairs associated with area disasters. e. The application of grants and other funding 'to assist INTACT achieve its mission and goals. ARTICLE III STAFFING The County shall see to it that one or more persons are working on its behalf to deliver the scope of services outlined in ARTICLE II. The County shall designate at least one person to serve as a "Long-Term Recovery Coordinator". The Long-Term Recovery Coordinator shall implement or shall cause the implementation of those services listed in the scope of services outlined in ARTICLE II. The County shall compensate persons working on its behalf to deliver the scope of services, doing so in amounts and at times that it determines to be appropriate. INTACT shall have the right to review any and all compensations associated with the delivery of the scope of services, and shall recommend adjustments it determines to be appropriate. INTACT may choose to terminate this agreement should the County fail to compensate persons working on its behalf in service to INTACT in an amount or manner INTACT determines to be inappropriate. .. COMMUNITY SERVICES-INTACT AGREEMENT PAGE3o=6 ARTICLE IV CONSIDERATION, LIMITATION, AND PAYMENT INTACT agrees to pay the County a fee of $135,000 during the term of the agreement. The fee shall be paid in four payments at least one per quarter of the contract. The County will provide necessary fiscal documentation as requested to ensure successful reimbursement from the original grantor. Should either party choose to terminate this agreement, prorated amounts will be returned to INTACT within 60 days following termination. The initiation and continuation of this Agreement will be contingent upon the availability of and access to funds by INTACT. The Agreement may be canceled by INTACT with seven days notice in the event funds for these services become unavailable. In such circumstances, INTACT shall be reimbursed by The County for funds on a prorated basis for the remaining term of the Agreement. ARTICLE V INSURANCE The County shall provide and maintain insurance coverage throughout the period of this Agreement on behalf of itself and INTACT. The County accepts full responsibility for identifying and determining the types and extent of insurance necessary to provide reasonable financial protection for INTACT and The County. Upon request, The County shall furnish to INTACT written verification of insurance protection. ARTICLE VI INDEMNIFICATION To the extent permitted by law, the County shall indemnify, hold harmless and defend INTACT against any and all liabilities, losses, claims, damages, demands, expenses, or actions taken as a result of any negligent or wrongful act or omission, or based on any act of fraud or defalcation by the County during the performance of this Agreement. INTACT shall indemnify, hold harmless and defend the County against any and all liabilities, losses, claims, damages, demands, expenses, or actions taken as a result of any negligent or wrongful act or omission, or based on any act of fraud or defalcation by INTACT during the performance of this Agreement. ARTICLE VII TERMINATION Unless otherwise provided for in this agreement, INTACT or the County may, without cause and without prejudice to any other right or remedy, elect to terminate this Agreement upon thirty (30) calendar days written notice to the other party. In such a case the County shall be paid for all work executed through the effective date of termination. Unless the County's breach is waived, INTACT may, upon seven (7) calendar days notice, terminate this Agreement for said breach. Waiver of a breach of any provision of this Agreement shall not be deemed to be a modification of this Agreement. The aforesaid termination notice, as well as all other notices required herein, shall be considered received by INTACT or the County if delivered in person with written proof thereof or if deposited in the U.S. Mail, in a prepaid wrapper marked certified, return receipt requested, to the following Parties: COMMUNITY SERVICES-INTACT AGREEMENT PAGE 4 OF 6 , .. To County: County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 To INTACT: Chairman St. Lucie INTACT c/o United Way of St Lucie County 4800 S. US Hwy #1 Fort Pierce, FL 34982 With copies to: County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 Community Services Director 437 North ih Street Fort Pierce, FL 34950 ARTICLE VIII GOVERNING LAWS This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, or the laws, rules and regulations of the United States if the County and/or its fiscal agent are providing services funded by the United States government. The venue shall be in St. Lucie County, Florida. ARTICLE IX COMPLIANCE The County shall comply with the requirements of all federal laws, state laws, local codes, and ordinances pertaining to this Agreement, and in particular, that it will comply with all of the laws, rules and regulations governing the use of the funds it is managing on behalf of INTACT. ARTICLE X ASSIGNMENT This Agreement is for the rendition of personal services and may not be assigned without the prior written consent of the parties hereto. ARTICLE XI HEADINGS Article headings have been included in the Agreement solely for the purpose of convenience and such headings shall not have legal effect or in any way affect the extent of or the interpretation of any of the terms of the Agreement. ARTICLE XII WAIVER A waiver of any performance or breach by anyone of the parties to this Agreement shall not be construed to be a continuing waiver of other breaches or non-performance of the same provision or operate as a waiver of any subsequent default of any of the same terms, covenants, and conditions of this Agreement. The payment or acceptance of funds for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance, .. COMMUNITY SERVICES-INTACT AGREEMENT PAGE50F6 ARTICLE XIII SEVERABILITY If anyone or more of the covenants, agreements, or provisions of this Agreement shall be held contrary to any express provision of law or contrary to any policy of express law, although not expressly prohibited, contrary to any express provision of public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements, or provisions of this Agreement. ARTICLE XIV MODI FICA TIONS This writing embodies the entire Agreement and Understanding between the parties and there are no other Agreements and/or Understandings, oral or written, with respect to the subject matter hereof, that are not merged herein and superseded hereby. Without invalidating the Agreement, INTACT reserves the right to, at any time or from time to time, enter into Modification Agreements. All additions, deletions, or revisions in the service shall be valid and enforceable only when evidenced by a written modification approved and executed by INTACT and The County, Similarly, no contract which purports to affect the terms of this Agreement will be valid as it affects this Agreement, unless in writing and executed by INTACT and the County, unless otherwise authorized herein. ARTICLE XV COSTS Either party will be entitled to recover all costs and attorneys' fees incurred due to any breach of this Agreement by the other party, including but not limited to costs and attorneys' fees associated with administrative hearings, court proceedings, and appellate proceedings. ARTICLE XVI SURVIVABILITY Any term, condition, covenant, or obligation that requires performance by either party subsequent to termination of this Agreement will remain enforceable against such party subsequent to such termination. WITNESS WHEREOF the parties hereto respectively set their hands and seals on the date(s) shown below and submit that they have the legal authority to commit the parties to this Agreement: Attest: Board of County Commissioners St. Lucie County, Florida By: Deputy Clerk Chairman Date: COMMUNITY SERVICES-INTACT AGREEMENT Witnesses: PAGE60F6 " . Approved as to Form and Correctness: County Attorney st. Lucie INTACT: By: Chairman Date: ;r ;. AGRNOA RRQTTRST ITEM NO: (-\S \:) DATE: November 27,2007 Regular [ ] Public Hearing [ Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Community Services Department John Franklin, Housing Manager STJR.TF,CT' Approval to shortlist contractors from RFQ # 07-069 Pre-Qualification of Construction Contractors and approval to enter into continuing contracts with the foIl owing short listed contractors: Habitat for Humanity, Angus Enterprises, and Alton Silver Homes. HACKGROTJND' In order to maintain a competitive process, the Housing Division issued RFQ #07-069, Pre- Qualification Construction Contractors. The contractors would be on a rotation list. The work may include but is not limited to roof repair or replacement, repair to the structure of the house, window and door repair or replacement, electrical service up-grades, interior and/or exterior plumbing service up-grades. The Board approved staffs request to begin the process of placing under contract several general contractors through the St. Lucie County State Housing Initiative Partnership (SHIP) and Hurricane Housing Recovery (HHR) programs. The responsibilities would be as follows: . The Housing Division staff will determine the homeowner and property's eligibility for SHIP emergency repair program. . The general contractor will put together a team of subcontractors who can perform all types of home repairs. . The work may include but is not limited to roof repair or replacement, repair to the structure of the house, window and door repair or replacement, electrical service up-grades, interior and/or exterior plumbing service up-grades. . Once eligibility & work write up is determined, housing staff will fax work write up to the contractor. . If the contractor does not respond in a timely manner, 24 hours, the next contractor will be contacted. FUNDS A V A n ,A. HI ,F,: Funds will be available: 185006-5420-549601-500 (SHIP FY 05/06) 185007-5420-549601-500 (SHIP FY 06/07) 185009-5420-549601-500 (SHIP FY 07/08) 189201-6420-549605-600 (Hurricane Housing Recovery) PRF,VTOTJS A.CTTON: On February 13,2007 the board granted permission to advertise RFQ # 07-069. The selection committee met and agreed to short list the contractors based on a ranking system. Each member of the selection committee ranked and scored all received responses and the combined score was calculated for each contractor. The total possible score was 60 points. Any contractor under 70% of the total score was disqualified. RF,COMMRNnATTON. Staff recommends board approval to shortlist contractors from RFQ #07-069 Pre-Qualification of Construction Contractors and approval to enter into continuing contracts with the following short listed contractors: Habitat for Humanity, Angus Enterprises, and Alton Silver Homes and authorize the chairperson to sign the continuing contracts as prepared by the County Attorney. ,-<U\.l.Ul'y ,ru..lUlUCY. ^ .~ gn-iJ"""_____ ) <-;"") OriginatIng Dcpartm~nt ~ ' / (I J s M. f\nderson, County Administrator ~ig-natllres Management & Budget x Purchasing: x ~ COMMISSION ACTION' pq APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Other: Other: Finance: x Check for copy only, if applicable '-/' .i' , COMMUNITY SERVICES MEMORANDUM #08-39 TO: Board of County Commissioners FROM: John Franklin, Housing Manager SUBJECT: General Contractors for the SHIP Program DATE: November 27,2007 In order to maintain a competitive process, the Housing Division issued RFQ #07-069, Pre- Qualification Construction Contractors to perform emergency repairs on homes through the State Housing Initiative Partnership (SHIP) and Hurricane Housing Recovery (HHR) assistance programs The contractors would be on a rotation list. The work may include but is not limited to roof repair or replacement, repair to the structure of the house, window and door repair or replacement, electrical service up-grades, interior and/or exterior plumbing service up-grades, The responsibilities would be as follows: . The Housing Division staff will determine the homeowner and property's eligibility for SHIP emergency repair program, . The general contractor will put together a team of subcontractors who can perform all types of home repairs, . The work may include but is not limited to roof repair or replacement, repair to the structure of the house, window and door repair or replacement, electrical service up-grades, interior and/or exterior plumbing service up-grades. . Once eligibility & work write up is determined, housing staff will fax a work write up to the contractor . If the contractor does not respond in a timely manner, 24 hours, the next contractor will be contacted, Contractor Score Alton Silver Homes 58 Anqus Enterprises 57 Habitat for Humanitv 56 RJM Builders 41 MGM Contractina 38 Trade Winds Roofina 27 Therma Seal Roof Svstems 21 South East Contractor Services, Inc. O(did not respond to all questions, disqualified) The total possible score was 60 points, Any contractor receiving below 42 points (70%) was eliminated, leaving the following short list: ;~ ; Alton Silver Homes 58 I AnQus Enterorises. INC 57 I Habitat for Humanitv 56 I Recommendation: Staff recommends board approval to shortlist contractors from RFQ #07-069 Pre- Qualification of Construction Contractors and approval to enter into continuing contracts with the following short listed contractors: Habitat for Humanity, Angus Enterprises, and Alton Silver Homes and authorize the chairperson to sign the continuing contracts as prepared by the County Attorney. ;-1' , AGENDA REOUEST ITEM NO: C. - \ SC DATE: November 27,2007 Regular [ ] Public Hearing [ ] Consent [X] //1.,;(2;- .,f ;'! ,) I. j\~ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: John Franklin, Housing Manager SUBMITTED BY: Community Services Division SUBJECT: Adoption of Resolution No. 07-313 to support elimination of the cap on the Housing Trust Funds. BACKGROUND: The William E. Sadowski Act was created in 1992 to provide needed revenues into the State and Local Housing Trust Funds to provide affordable housing. Legislature has enacted a cap on the Housing Trust Funds of $243 million per year, beginning Fiscal Year 2007-2008. $939.5 million is available in the Housing Trust Funds for appropriation for housing during Fiscal Year 2007-2008, while the Governor has proposed appropriating only $545 million, leaving at least $390.5 million unspent. FUNDS AVAIL: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Adopt Resolution No. 07-313 to support elimination of the cap on the Housing Trust Funds and authorize Chair to sign necessary documents. [ ] APPROVED [] DENIED ~ OTHER: COMMISSION ACTION: Pulled for more information. Dougla . Anderson County Administrator County Attorney: x ')~~ pl5l"1 //: "~. ). / Originating Department: x~ // Finance: x Check for copy only, if applicable Management & Budget x Other: Other: , ~ RESOLUTION 07-313 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, SUPPORTING ELlMINATION OF THE CAP OF THE HOUSING TRUST FUNDS BEGINNING IN FISCAL YEAR FY 09-10 AND SUPPORTING FULL FUNDING FROM THE HOUSING TRUST FUNDS OF $939.5 MILLlON FOR HOUSING IN THE FISCAL YEAR 2009- 2010 BUDGET; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, St. Lucie County has an obligation to provide for the housing needs of its current and anticipated populations and assisting lower income families is dependent upon sufficient housing assistance from federal and state programs; and WHEREAS, the William E. Sadowski Affordable Housing Act of 1992 deliberately used the documentary stamp tax as its revenue source because of its nexus with the development of affordable housing and because the source of funding needed to be a b'fowth vehicle to keep pace with escalating land and housing costs; and WHEREAS, the Governor and Legislature provided full funding from the Housing Trust Funds every year from Fiscal Year 1992-1993 through Fiscal Year 2002-2003; and WHEREAS, the State of Florida is experiencing a housing crisis due to massive increases in the cost of land, construction, and the ultimate cost of housing to its citizens; and WHEREAS, the William E. Sadowski Affordable Housing Act has worked as planned, providing needed revenues into the State and Local Housing Trust Funds at this time of crisis; and WHEREAS, the Legislature enacted a cap on the Housing Trust Funds of $243 million per year, beginning in Fiscal Year 2008-2009; and WHEREAS, the Governor and Legislature, at this time of crisis, have not provided full funding from the Housing Trust Funds for the last five fiscal years, under funding housing appropriations by over $600 million from Fiscal Year 2003-2004 through 2007-2008; and WHEREAS, $939.5 million is available in the Housing Trust Funds for appropriation for housing during Fiscal Year 2006-2007. while the Governor has proposed appropriating only $545 million, leaving at least $390.5 million unspent; and WHEREAS, it is projected that during Fiscal Year 2007-2008, the documentary stamp tax will generate over $500 million for the State and Local Housing Trust Funds; and WHEREAS, Florida's affordable housing needs are estimated at well beyond $500 million during Fiscal Year 2008-2009; and WHEREAS, absent repeal of the legislative cap placed on the State and Local Housing Trust Funds during the 2005 Legislative Session, new documentary stamp tax revenues for housing pursuant to The Sadowski Act of 1992 will be limited to $243 million per year beginning Fiscal Year 2008-2009; and WHEREAS, St. Lucie County would receive $7.1 million with full funding as compared to only $2 million at the level proposed by the Florida Housing Finance Corporation; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMlSSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: } Section 1. That the foregoing clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. That the County of St. Lucie supports repeal of the cap on the Housing Trust Funds, and urges the Governor and Legislature to adopt statutory changes during the 2006 Legislative Session to repeal the cap. Section 3. That the County of St. Lucie supports full funding of $939.5 million for housing in the Fiscal Year 2006-2007 Budget, and urges the Governor and Legislature to adopt a budget with that level of funding. Section 4. That the appropriate County Officials are authorized to do all things necessary and expedient to carry out the provisions of this Resolution. Section 5. That this Resolution shall take effect immediately upon adoption hereof. After motion and second, the vote on this resolution was as follows: Commissioner Doug Coward Commissioner Chris Craft Commissioner Joseph Smith Commissioner Paula Lewis Commissioner Charles Grande xxx xxx xxx xxx xxx PASSED AND ADOPTED this 27th day of November, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM COUNTY ATTORNEY PARK REFERENDUM AGENDA REQUEST ITEM NO: C-16 DATE: Nov. 27, 2007 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: Approve Change Order No. 6/Recreation Design & Construction-C04-07 -655/ Lakewood Park Regional Park Project BACKGROUND: Staff is requesting that the Board of County Commissioners approve Change Order No.6 with Recreation Design & Construction (ROC) (C04-07 -655) in the amount of ($50,710) that reflects a reduction for construction cost of the "revised" turn lane for the Lakewood Park Regional Park Project. When the decal lane construction was awarded on Change Order No.5, included was $55,000 for construction contingency. Only $4,290 of the $55,000 was used. The new contract sum will be $8,993,558. PREVIOUS ACTION: N/A FUNDS ARE AVAILABLE: 129-7210-563000-7692 (MSTU Lakewood Park Infrastructure) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Change Order No.6 with Recreation Design & Construction (C04-07-655) in the amount of ($50,710) for a construction cost contingency reduction of "revised" turn lane for the Lakewood Park Regional Park and authorize the Chairman to sign. The new contract sum will be $8,993,558. COMMISSION ACTION: f::;<;1 APPROVED [] DENIED [ ] OTHER: [ Appmved 5-0 J E: County Attorney: Originating Dept: Coord ination/S iq natu res gt & Budget: Public Works: Purchasing: Other: Finance: (Check for Copy only, if applicable) ". . . PARKS & RECREATION DEnf\A 13f\ISSON Director BOARD OF COUNTY COMMISSIONERS To: Board of County Commissioners From: Linda Barton, Asst. Director ~ Subject: Agenda C-16/ RDC Change Order No.6 -Date: November 27, 2007 Staff is requesting that the Board of County Commissioners approve Change Order No.6 with Recreation Design & Construction (ROC) (C04-07- 655) in the amount of($50,710) that reflects a reduction for construction cost of the "revised" turn lane for the Lakewood Park Regional Park Project. When the decal lane construction was awarded on Change Order No.5, included was $55,000 for construction contingency. Only $4,290 of the $55,000 was used. The new contract sum will be $8,993,558. Cc: D. Brisson, Director L. Lowery, Asst. County Adm. D. Anderson, County Adm. File JOSEPH E. SMITH, DIStrict No, 1 . DOUG COWAr,D, DiSTrict No, 2 . PAULA A, LEWIS, District No,:l . CHAr,LES GRANDE. District No, 4 . CHr,IS CRAfT, District No, 5 Counry Adminisrraror - Douglas M. Anderson 2JOO Virginia Avenue · Fort Pierce, Florida J4982-5652 Phone (772) 462.1518 · Fax (772) 462-1940 · E.mail: bri"ond@co,st.!ucieJl.u, www.co..t-Iucie.f].us . , .... CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) Design/Build Construction - Lakewood Park 6102 Kings Highway Ft. Pierce, Florida 33309 CHANGE ORDER NUMBER: No.6 INITIATION DATE: 5/31/2007 TO (Contractor): Recreation Design & Construction 3990 N. Powerline Road Oakland Park, FL 33309 CONSULTANT'S PROJECT NO.: ST. LUCIE COUNTY CONTRACT NO: C04-07-655 You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A - Yes No) CONTRACT DATE July 27,2004 Construction of New "Revised" Turn Lane @ Emerson Avenue - Contingency Reduction The original (Contract Sum) (Guaranteed Maximum Cost) was Net change by previous authorized Change orders The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change order The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased or unchanged) by this Change Order The new (Contract Sum) (Guaranteed Maximum Cost) including this Change order will be The Contract Time will be (increased) (decreased) (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is: $ 7,853.858.00 $ 1,190,410.00 $ 9,044,268.00 $ (50,710.00) $ 8,993,558.00 ( ) Days .See Note Below Funds Available: Account Number 129-7210-563000-76019 The adjustment in Contract Price andlor Contract Time stated in this Change Order shall comprise the total price andlor time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price andlor time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads. delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. CONTRACTOR: Recreation Design & Construction Contractor: 3990 N. Powerline Road, Oakland Park, FL 33309 Address: APPROVED: St. Lucie County Parks & Recreation St. Lucie County Department: 2300 Virginia Avenue, Ft. Pierce, FL 34982 Address By: Date: By: Date: AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST: DEPUTY CLERK By: CHAIRMAN Date: .Substantial Completion will be 90 days from supplemental Notice to Proceed and issuance of Permit from FOOT. Approved as to Form and Correctness: County Attorney , INVESTMENT FOR THE FUTURE AGENDA REQUEST ITEM NO: C-17 DATE: Nov. 27, 2007 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: River Park Marina/Preserve Area Mitigation Monitoring/Approve Miller Legg Work Authorization BACKGftOUND: Included in the River Park Marina Improvement project is a 4.5 acre conservation easement preserve area as well as a riprap revetment planting area. The Florida Department of Environmental Protection (FDEP) and the U.S. Army Corps of Engineers (USACOE) require mitigation monitoring of the preserve area for a period of 5 years in accordance with FDEP 56-0185216-002 and USACOE permit SAJ-2004-3176. Staff is requesting that the Board of County Commissioners approve a Work Authorization with Miller Legg in the amount of $37,700 to perform the scope of services needed to meet FDEP and USACOE requirements. As this was not a budgeted expense, staff is requesting that the Board approve th~use of remaining funds from completed projects in the amount $17,700 to cover the first year cost. The completed projects are identified on the attached line to line. Staff will budget $2,500 annually for years 2-5. PREVIOUS ACTION: N/A FUNDS WILL BE MADE AVAILABLE: 316-7210-534000-7601 (IFF-Parks-Other Contractual Services-River Park Marina Project) RECOMMENDATION: Staff is requesting that the Board of County Commissioners approve a Work Authorization with Miller Legg in the amount of $37,700 to perform the scope of services needed to meet Florida Department of Environmental Protection and U.S. Army Corps of Engineers mitigation monitoring requirements. As this was not a budgeted expense, staff is requesting that the Board approve the use of remaining funds from projects that have been completed in the amount of $17,700 to cover the first year mitigation monitoring cost. Years 2-5 will be budgeted annually. r<]: APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: Doug An e on County Administrator Approved 5-0 A' Coordination/Siqnatures County Attorney: , , " Mgt & Budget: A...~ IvX Purchasing: Originating Dept: Public Works: 4'other: Finance: (Check for Copy only, if applicable) .: Parks and Recreation Department Memorandum To: Board of County Commissioners F rl),I1\ : Linda Barton, Assistant Director ~ Subject: Approval of Agenda Item #C-',I 7 :.'Date: 11/9/2007 .... ,', Included in the River Park Marina Improvement project is a 4.5-acre conservation ""'," easement preserve area as well as a riprap revetment planting area. The Florida Depart'ment of Environmental Protection (FDEP) and the U.S. Army Corps of Engineers (USACOE) require mitigation monitoring of the preserve area for a period of 5 years in accordance with FDEP 56-0185216-002 and USACOE permit SAJ-2004-3176. Staff is requesting that the Board of County Commissioners approve a Work Authorization with Miller Legg in the amount of $37.700 to perform the scope of services needed to meet FDEP and USACOE requirements. As this was not a budgeted expense, staff is requesting that the Board approve the use of remaining funds from completed projects in the amount $17,700 to cover the first year cost. The completed projects are identified on the attached line to line. Staff will budget $2,500 annually for years 2-5. LB:em Attachment cc: D. Anderson, County Administrator L. Lowery, Assistant County Administrator Chron File , .. October 30, 2007 Via E-mail: BrissonD@stlucieco.Qov Ms. Debra Brisson, Director St. Lucie County Parks and Recreation Dept. 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Riverpark Marina Proposal No: 07-P0662 REVISED Dear Ms. Brisson: Thank You for the opportunity to submit the attached Scope of Services and Fee " Schedule for the Riverpark Marina mitigation monitoring. '.: As we discussed at our meeting Monday, the following proposal is for mitigation monitoring of the :t4.5 acre conservation easement preserve area as well as the riprap revetment planting area. During the initial time-zero monitoring event, we will assess the extent of exotic vegetation and recommend an appropriate method (Le. volunteers or a contractor) to eradicate it. We appreciate the opportunity to be considered your professional seNices consultant. If you have any questions or need additional information regarding our scope please give me or Sandra Smith a call. Very truly yours, /. ---:'/ /;f:~//( .~ . ~~----=~~ ..~-=---=--- --::-:> --.... -- <,----- Mark E. Brandenburg, C.E., PW.S. Associate, Environmental Mb/mb/PrincipaJ Attachment(s) l\Pbo-mainldataIProposalsI2007107_P0662 Riverpark Marina107-P0662 Riverpark Cover Ltr.doc IMP R 0 V I N G COM M U NIT I E S. _._-~--_._---_.__._------------ eRE A TIN G EN V I R 0 N MEN T S. --------- Palm Beach Office: 2005 Vista Parkway. Suite 100. West Palm Beach. Florida. 33411-2719 (561)689-1138. Fax: (561)689.8108 www.millerlegg.com Proposal No. 07-P0662 EXHIBIT A - SCOPE OF SERVICES Riverpark Marina (the "Project") 1.0 PROJECT DESCRIPTION 1.1 The Project is generally described as follows: Consultant shall perform mitigation monitoring for the Riverpark Marina Project located along the North Fork of the St. Lucie River in Section 21, Township 36, Range 40, St. Lucie County, Florida. 2.0 BASIS OF SCOPE 2.1 Environmental: . The agencies with jurisdiction for this Project include U.S. Army Corps of Engineers (USACOE), and the Florida Department of Environmental Protection (FDEP). . Permit monitoring reports are to be submitted annually to the USACOE and quarterly for year 1 and semi-annually for years 2-5 to the FDEP in accordance with the USACOE permit SAJ-2004-3176 (IP-AAZ) and FDEP permit 56-0185216-002. . Maintenance (exotic removal) of the mitigation areas will be performed through volunteers, inmates, and/or a hired contractor. The exact method(s) to be used will be determined during the time-zero monitoring event. Physical maintenance of the mitigation area will be addressed as an additional service. 3.0 INFORMA TION TO BE PROVIDED BY CLIENT 3.1 Copies of environmental permits, plans, specifications, as-builts, and any other information pertinent to the Project. 4.0 SCOPE OF BASIC SERVICES AND FEE The scope of services to be provided by Consultant shall be divided into the following two (2) tasks: ENVIRONMENTAL TASKS Task 1. Mitigation Monitoring - Consultant shall review the existing permits and special conditions for this Project, visit the :t4.5 acre project site, assess the wetland mitigation areas in accordance with the monitoring Page 1 of 2 Initial: ML: Client: ~ Proposal No. 07 -P0662 requirements of the permits, prepare a 151 quarterly monitoring report, and submit the report to the USACOE and FDEP for approval. The 151 quarterly monitoring event will also include an assessment of the exotic vegetation within the conservation easement area and a determination of the method(s) available to remove any exotics observed. This will be presented separately from the 151 quarterly monitoring report in a letter format. Following the 151 quarterly monitoring event, subsequent monitoring events will be performed on a quarterly basis for the first year and semi-annually for years 2-5. Each report will be submitted to the USACOE and FDEP for approval. There will be a total number of 12 events/reports. ITEM QUANTITY COST PER LUMP SUM ITEM 151 Quarterlv Report/Maintenance Letter 1 item $ 3,300.00 $ 3,300.00 Year 1 Remaining Quarterly Reports 3 items $ 2,300.00 $ 6,900,00 Years 2-5 Semi Annual Reoorts 8 items $ 2,500,00 $ 20,000.00 TOTAL FEE FOR TASK 1 12 Items -- $ 30.200.00 Task 2. Vegetation Clearing Oversight - Consultant shall provide oversight of the exotic vegetation removal of the :t4.5 acre project site in accordance with FDEP permit 56-0185216-002. Consultant shall be present on site during exotic vegetation removal activities, clarify vegetation to be removed, and provide a daily log of activities. This task will be conducted on an hourly basis according to the approved rate schedule under our contract. This task is estimated to be $7,500. If the task will exceed $7,500, Consultant shall obtain approval from the Client. FEE: Hourly per the contract rate schedule. \\Pbo-mainldala\Proposals\2007\07-P0662 Riverpark Marina\07-P0662 Riverpark Scope 11-9-07.doc Page 2 of 2 Initial: ML: Client: L1NE-TO-L1NE TRANSFER REQUEST DEPARTMENT: Parks and Recreation - Parks . DATE: 11/8/2007 TO: 316-7210-534000-7601 Other Contractual Services $17,700.00 $0.00 '. $17,700.00 FROM: 316-7210-562000-7693 Buildin 5 $265.00 . 316-7240-563005-7617 I nfrastructu re-Con sulti n $2,063.00 316-7240-563000-7958 Infrastructure $1,447.00 . Pk. E .. 316-7240-563005-7958 Infrastructure - Consultin $7,134.00 . Pk. E 316-7240-563011-7958 Infrastructure-Permits/A $1,700.00 . Pk. E 316-7420-563000-700 Infrastructure $900.00 316-7210-563000-7668 Infratructure $4,191.00 RR $17,700.00 REASON FOR TRANSFER: For miti ation monitorin CONTACT PERSON: DEPARTMENTAL APPROVAL: OMB APPROVAL: "I\DMINISTRATION APPROVAL: Elaine M. Messier, Admin. Su ort Co Linda Barton, Assistant Director OMB NOTES: $35,400 INPUT DATE: L1NE.TO.L1NE TRANSFER INPUT BY: DOCUMENT #: PHONE #: 1524 .... t AGENDA REQUEST ITEM: # C- 18 DATE: 11/27/2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY, Carl Holeva, Director, Human Resources SUBMITTED BY (DEPT): Human Resources SUBJECT Request for Board approval to reduce staff in Code Compliance BACKGROUND Due to the continuing slow down in building activity in the last 12 months, we are recommending a reduction of Code Compliance Division staffing by ten (10) positions Cost savings due to staff reductions are enclosed. GENERAL NOTES See attached Memo and summary of cost savings due to Staff reductions FUNDS AVAIL: N/A PREVIOUS ACTION: Agenda C5b dated 11/14/2006, Staff reduction RECOMMENDATION Staff recommends Board approval for the reduction of ten (10) Positions in the Code Compliance Division, COMMISSION ACTION L 1 APPROVED [] DENIED [~ OTHER: Pulled prior to meeting. Dou las M, Anderson County Administrator County Attorney ~___ Originating Oep! #1<' "~ Review and AjJproval~ .. 111~ ^ / MClnagement & Budget: l[l~ Other Purchasing Other Finance (Check for Copy only, if applicable)_ ~ I BOARD OF COUNTY COMMISSIONERS HUMAN RESOURCES DIRECTOR CAP.L HOLEV A AGENDA TO: BOARD OF COUNTY COMMISSIONERS FROM: Carl Holcva, Human Resources Director DATE: November 27, 2007 SlIBJECT: STAFF REDllCTIOl\ BACKGROUND: Due to the continuing slow down in building activity in the last ] 2 months, Administration has recommended a rcduction in staffing of ten positions, This Stall Reduction will be in compliance with Section 2.02 Staff Rcuuction as outlined in the Employee Handbook Rev.04J16. The reduction in staff will become effective Friday, .January 25, 2008. All attempts will bc made to place affected employees in vacant opcn positions based on their intercsts and job qualifications prior to .1 an uar) 25.2008, RECOMMENDATION; StatT recommends Board approval for the reduction of ten positions III the Code Compliance Division. Respectfully Submitted. ~/~ Carl Holeva Human Resourccs Director ,A ttachment: Summary of the ten positions recommended Cor Staffing Reduction JOSEPH E, 5MITH, DISTriCT No.1. DOUG COWARD, DISTrict Nc, 2 . PAULA A LEWIS, Distrier No, J . CHARLE5 GRANDE, DISTriCT No, 4 . CHRIS CRAFT. DisTClC No :0 (o'.Jnty Administrator - Douglos M. Anderson 2300 Virginia Avenue. Fort Pierce, FL 34982 · Phone (772) 462-1546 FAX (772) 462-2J61 . TDD (772) 462-1428 · Job Line (772) 462.1967. web site: www,CQ,st-lucie,fl.us - ! tJ) o C ,~ c.. E o o tJ) TI o o ,~ C o t5 ::J TI tJ) a:: ::t:: CIl U5 W a:: Q) (.) C III 0 0 0 ... C C C :J Ul .E - Ul o () MOooCOOOCO.."..."...". 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C19 DATE: November 27,2007 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants PRESENTED BY: Ken Justice, Grants Writer SUBJECT: Authorize the acceptance of a grant and signing of contract agreement from Florida Fish and wildlife Conservation Commission - Florida Boating Improvement Program for $50,000.00 to be utilized for design, permitting, and renovations to the Summerlin Boat Dock. BACKGROUND: The Florida Fish and wildlife Conservation Commission - Florida Boating Improvement Program provides funds for projects that promote boating access projects and other boating-related activities on coastal and/or inland waters of Florida. The grant award is $50,000 and requires a 1:1 match, for a project totaling $100,000. The $50,000 award will be used for renovation to the existing boat dock. Dock renovations will include the installation of pilings, a ramp, and adding onto the southern interior sections of the T dock to lower existing dock segments. FUNDS AVAilABLE: The grant requires a 1: 1 match equal to $50,000. The County's contribution is allocated in the 2007-2008 Parks and Recreation budget. A/C#316-7210-563000-7694 to be transferred to Summerlin Boat Dock. The Board approved the submittal of the grant application to the Florida Fish and Wildlife Conservation Commission on April 24, 2007. PREVIOUS ACTION: RECOMMENDATION: Staff recommends Board accept the grant of $50,000 from the Florida Fish and wildlife Conservation Commission for Summerlin Boat Dock, and authorize the Chairman to sign the grant agreement. l1APPROVED [] OTHER: [] DENIED COMMISSION ACTION: Approved 5-0 Douglas M. Anderson County Admin~'stra r Review and Approvals County Attorney: ~ Management & BUdget:./4ff....m Originating Dept: Other: Finance: _ (Check for Copy only, if applicable) Purchasing: _ Other: Effective: 5/96 , ; AGENDA REQUEST ITEM NO. C9B DATE: April 24, 2007 REGULAR 0 PUBLIC HEARING 0 CONSENT [XI TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants / Disaster Recovery PRESENTED BY: Ken Justice BACKGROUND: Authorize the submittal of a grant application, and resolution 07-155. to the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program (FBIP) for funding to design, permit, and renovate the Summerlin Boat Dock. Summerlin Boat Dock is located along the South Causeway just north of the St. Lucie County Historical Museum in Fort Pierce. Florida. The dock is easily accessible into the Indian River Lagoon and the Fort Pierce Inlet and provides adequate docking for larger sized boats and / or ships. SUBJECT: If awarded, this competitive grant would provide funds for renovation to the existing dock. Dock renovations will include the installation of pilings, a ramp, and adding onto the southern interior sections of the T dock to lower existing dock segments. This renovation will provide safe docking of regular sized boats and its' passengers, and still allow for larger boats to dock easily on the northem side of the T dock. The cost of the project is estimated at $100.000.00. Grant funds to be requested is $50,000, with a match of $50,000. These funds would coverthe overall project costs of design, permitting, and construction. FUNDS AVAIL: The County's 50% match of $50,000 is in the proposed budget for 2007 - 2008, subject to board approval. PREVIOUS ACTION: There has been no previous action on this project. RECOMMENDATION: Staff recommends the Board approve the submittal of the grant application, and resolution 07-155, to the Florida Fish and Wildlife Conservation Commission - Florida Boating Improvement Program and the match of $50,000 to be proposed in the 2007-2008 budget acceptance of the grant if funding is awarded. COMMISSION ACTIONI ~,] APPROVED [ ] OTHIlR. Approved s-o CONCtrRRENCE. ] DENIED 1) County Attorney: Originating Dept. Finance: (copies ,; vvrl '-. '-""-' - I ~ Fr n orte r:de Resolution 07-155 A RESOLUTION AUTHORIZING THAT THE PROJECT MANAGER HAS THE AUTHORITY TO APPLY FOR AND ADMINISTER THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM GRANT ON BEHALF OF ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS. Whereas, the St. Lucie County Board of County Commissioners is interested in carrying out the following described project for the enjoyment of the citizenry of St Lucie County and the State of Florida: Summerlin Boat Dock $50,000 To provide dock renovations to accommodate smaller sized boats and its' passengers. AND, Florida Boating Improvement Program financial assistance is required for the program mentioned above. Project Title: Total FBIP Grant Request: Brief Description of Project: NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of St. Lucie, County, Florida in. meeting assembled this 24th day of April, 2007, that the project described above be authorized, AND, be it further resolved by the St. Lucie County Board of County Commissioners that it certifies the following: 1. That the Project Manager, Debra Brisson, is authorized to apply for and administer the grant on behalf of the applicant, St. Lucie County Board of County Commissioners 2. That it is in complete accordance with the grant application and that it will carry out the program in the manner described in the grant application and any plans and specifications attached. 3. That it has the ability and intention to finance its share of the costs of the project and that the project will be operated and maintained for a period of not less than 20 years at the expense of said St. Lucie County Board of County Commissioners for pUblic use. 4. That all project activities will be on land owned solely by St. Lucie County. 5. That it will not discriminate against any person on the basis of race, color, or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairperson AYE Commissioner Joseph E. Smith, Vice Chairperson AYE Commissioner Doug Coward AYE Commissioner Paula Lewis AYE Commissioner Charles Grande AYE PASSED AND DULY ADOPTED THIS 24th DAY OF April 2007. D CORRECTNESS BY: , I I L-IVI '11"". "'-""'" DATE: November 27,2007 AGENDA REQUEST REVISED REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: AIRPORT DIANA LEWIS, DIRECTOR SUBJECT: Request the Board approval of Budget Resolution No, 07-377 to establish the Federal Aviation Administration (FAA) grant budget in the adjusted beginning year balance of $1,250,600 for the FPL powerline relocation for the Runway 9L127R Runway and Taxiway Project at the St. Lucie County International Airport, BACKGROUND: A $6.5 million grant was provided by the FAA last fiscal year for the first phase of the construction of Runway 9L/27R Although the construction contract was awarded in October 2006, permitting issues have delayed construction, which was initiated in June 2007. A FAA grant of $1,3 Million was accepted by the Board on August 8, 2007 for the relocation of the FPL powerlines within the runway foot print. The total project cost is estimated at $1,372,000 with FAA funding $1,300,000, Florida Department of Transportation (FOOT) funding $32,500 and a local match of $39,500. This resolution is required because these funds were not anticipated at the time of the Fiscal Year 2008 budget adoption, The resolution establishes the grant's budget for Fiscal Year 2008 to reflect the grant's adjusted beginning year balance of $1,250.600. FUNDS AVAILABLE: Revenue: 140134-4220-331411-48006. FAA Appropriations: 140134-4220-331411-48006 Infrastructure PREVIOUS ACTION: FAA grants accepted August 2004 for $527,000, August 2005 for $708,931. August 2006 for $6,539,438, August 2007 for $1,300,000. Supplemental FOOT JPAs were approved in October 2004 for $27,736; in June 2005, for $161,660: in April 2006, for $215.890; and in April 2007 for $186,716. RECOMMENDATION: Staff recommends that the Board approve Budget Resolution No. 07-377 to establish the Federal Aviation Administration (FAA) grant budget in the adjusted beginning year balance of $1,250,600 for the FPL powerline relocation for the Runway 9L127R Runway and Taxiway Project at the St. Lucie County International Airport, and authorize the Chair or designee to e ute same. COMMISSION ACTION: ~) APPROVED () DENIED ( ) OTHER Approved 5-0 County Attorney ( ) ~k~ Originating Dept. (t:)7" ,1C.., Coord i nationfS iq natures Mgt. & Budget () \N\ IN en Other ( ) ~ Purchasing ( ) Other ( ) Finance: (check for copy. only if applicable)_ BOARD OF COUNTY COMMISSIONERS ,", AI RPORT Diana Lewis, Director \ .. MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: November g, 2007 Re: Request the Board approval of Budget Resolution No, 07-377 to establish the Federal Aviation Administration (FAA) grant budget in the adjusted beginning year balance of $1,250,600 for the FPL powerline relocation for the Runway 9L127R Runway and Taxiway Project at the St. Lucie County International Airport. ******************************************************************************************************************* A $6.5 million grant was provided by the FAA last fiscal year for the first phase of the construction of Runway 9L127R. Although the construction contract was awarded in October 2006, permitting issues have delayed construction, which has been initiated in June 2007. An FAA grant of $1.3 Million was accepted by the Board on August 8, 2007 for the relocation of the FPL powerlines within the runway foot print. The total project cost is estimated at $1,372,000 with FAA funding $1,300,000, Florida Department of Transportation (FOOT) funding $32,500 and a local match of $39,500 This resolution is required because these funds were not anticipated at the time of the Fiscal Year 2008 budget adoption, The resolution establishes the grant's budget for Fiscal Year 2008 to reflect the grant's adjusted beginning year balance of $1.250,600, Staff recommends that the Board approve Budget Resolution No. 07-377 to establish the Federal Aviation Administration (FAA) grant budget in the adjusted beginning year balance of $1,250,600 for the FPL powerline relocation for the Runway 9L127R Runway and Taxiway Project at the St. Lucie County International Airport. .,"~ , RESOLUTION NO. 07- 377 WHEREAS, subsequent to the adoption of the Sl. Lucie County Board of County Commissioners budget for Sl. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Federal Aviation Administration for the relocation of the FPL powerlines that are within the runway foot print of the Runway 9L127R and Taxiway project at the Sl. Lucie County International Airport in the amount of $1,300,000 in the 2006-2007 fiscal year, This resolution is to establish the grant's budget for fiscal year 2007-2008 and reflect the grant's adjusted beginning-year balance of $1,250,600.00. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Sl. Lucie County, Florida, in meeting assembled this 27th day of November, 2007, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2007-2008, and the County's budget is hereby amended as follows: REVENUE 140134-4220-331411-48006 FAA $1,250,600 APPROPRIATIONS 140134-4220-563000-48006 Infrastructure $1,250,600 After motion and second the vote on this resolution was as follows: Commissioner Joseph E. Smith, Chairperson Commissioner Paula Lewis, Vice Chairperson Commissioner Chris Craft Commissioner Doug Coward Commissioner Charles Grande xxx xxx xxx XXX XXX PASSED AND DULY ADOPTED THIS 27th DAY OF NOVEMBER, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY q" ; ... ITEM NO. 21 DATE: 11/27/07 STRA TEGIC PLANNING AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval of the short-listed firms to provide Neighborhood Charrette Services: 1. MSCW 2. Glatting Jackson 3. The Genesis Group BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 102-1510-534000-100 Other Contractual Services 102-1510-531000-100 Professional Services PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends Board approval of the short-listed firms for Neighborhood Charrette Services and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Then conduct contract negotiations with the successful short-listed firms; 3. If negotiations are successful, award a contract to the successful short-listed firm, and 4. Authorization for the Chairman to sign the contracts as prepared by the County Attorney. COMMISSION ACTION: ( ) '<) APPROVED OTHER () DENIED Pulled for more information and scoring backup. Coord i nation/SiQ natu res Growth (X) Management (Xl ~tr'~ tIP- Mgmt & Budget (x)M Purchasing (X) ~ County Attorney Other Finance (Y for copy only if applicable) , .'" " PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: November 9,2007 RE: Board approval of the short-listed firms for Neighborhood Charrette Services Backaround: On March 20, 2007, staff was given permission to issue a Request for Qualifications (RFQ) encompassing Neighborhood-Charrette Planning Services, General Planning Services, and Adjunct Management Services. RFQ #07-048 was issued on April 13, 2007, and closed on May 11, 2007. Two Thousand One Hundred Twenty Three (2,123) firms were notified, Seventy Two (72) firms were issued RFQ packages, and Ten (10) firms responded to the RFQ in total. The projects to be undertaken by the successful firm involve neighborhood and corridor planning for at least two general areas, and potentially other areas that have not yet been determined. For each neighborhood and corridor planning project the consultant will be required to recommend the final detailed boundary for the neighborhood and corridor planning area, and provide analysis and recommendations for land use and zoning issues, land use mix with emphasis on mutually supporting uses, urban design characteristics, environmental factors, highway capacities and conditions, access management, streetscape issues, mass transit, and utilities. Seven (7-) firms submitted qualifications for this section of the RFQ. Rankina 1 2 3 4 5 6 7. Recommendation: Firm MSCW Glatting Jackson Genesis Group Michele Mellgren & Associates IIer Planning Group Kha Le Huu Ft. Pierce Academy of Design Location Stuart FI. Orlando/ West Palm Beach FI. Jacksonville, FI. Ft. Lauderdale, FI. Palm Beach Gardens, FI. Orlando, FI. Ft. Pierce, FI., Staff recommends Board approval of the short-listed firms for Neighborhood Charrette Services and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Then conduct contract negotiations with the successful short-listed firms; 3. If negotiations are successful, award a contract to the successful short-listed firm, and 4. Authorization for the Chairman to sign the contracts as prepared by the County Attorney. ~ AGENDA REQUEST ITEM NO. C -R I DATE: November 27,2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [xl TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Award of Bid #07-103 for the Indian River Estates Stormwater Improvements - Phase I Pump Station project to Close Construction, Inc. in the amount of $4,471,114.00. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds are available in 102109-3725-563000-425056 Indian River Stormwater Improvements- Storm water Management ($2,800,000.00), 102001-3725-563000-425056 Drainage Maintenance MSTU Stormwater Management ($500,000.00), and 101003'41134-563000-425056 Transportation Trust/Local Option Drainage ($6,981.00). Funds will be made available in 102001-3725-563000-425056 Drainage Maintenance MSTU Stormwater Management ($1,101,133.00) and 316001-41134-563000-42 50 58I'ransportation Capital- Stormwater Management ($63,000.00). Also, the additional funding will come from the upcoming Issues Team Grant. PREVIOUS ACTION: May 8, 2007 - Board approved to reject all bids. RECOMMENDATION: Staff recommends award of Bid #07-103 for the Indian River Estates Stormwater Improvements - Phase I Pump Station project to Close Construction, Inc. in the amount of $4,471,114.00; establish the project budget as outlined in the attached memorandum and authorization for the Chair to sign the contract as prepared by the County Attorney. [>1 APPROVED [ ] OTHER [ ] DENIED Approved 5-0 COMMISSION ACTION: ,0~ ~x] County Attorney ~ . "'-. . Lxj Ungmatmg Vept. Pubhc workS~ Do gl Anderson , ,I I County Administrator [xl Mgt. & BUdget~.I~j ~ Proi. Man, M ~ Lxi ~xec, AsSIS, ~M lxl Purchasing ~_'- '" DIVISION OF ENGINEERING MEMORANDUM 07-404 TO: Neil Appel- Purchasing Director VIA: Michael Powley, P.E. - County Engineer VIA: Barbara Meinhardt - Executive Assistant FROM: Michael Harvey, E.I. - Engineer Intern DATE: November 16, 2007 SUBJECT: Award of Indian River Estates Stormwater Improvements - Phase I Pump Station (BID # 07-103) Bids for Bid #07-103 were opened on September 26,2007. We have reviewed all the bids and we recommend that the project be awarded to Close Construction, Inc. in the amount of $4,471,114.00. Funds are available in 102109-3725-563000-425056 Indian River Stormwater Improvements - Stormwater Management ($2,800,000.00), 102001-3725-563000-425056 Drainage Maintenance MSTU Stormwater Management ($500,000.00), and 101003-41134- 563000-425056 Transportation Trust/Local Option Drainage ($6,981.00). Funds will be made available in 102001-3725-563000-425056 Drainage Maintenance MSTU Stormwater Management ($1,101,133.00) and 316001-41134-563000-425056 Transportation Capital- Stormwater Management ($63,000.00). Also, the additional funding will come from the upcoming Issues Team Grant. The following budget is established for the project: Construction: Testing: CEI: Reserves: TOTAL: $4,471,114.00 $ 39,784.00 $ 267,955.00 $ 500.000.00 $5,278,853.00 ~ ~ ~ ! 8 ~ f b ~ i il ~ , ~ I 8 0 = 8 8 8 8 8 0 :5 ~ . ~ ~ ~ = ~ @ ~ 8 => ~ ~ a ~ i 8 . 0 8 " . g 8 = .. . @ ~ 8 8 !Ii! ~ . l ;e ~ ~ ~ r1 " ti ~ ~ ~ ~ ~ ~ i => ~ .. g 8 g g g g 0 ~ ~ ~ , ~ 8 ~ ~ 8 ~ = E i => ~ ~ ~ ~ ~ ~. ~ ~ ~ ~ ~ 8 . . = 8 ~ ~ 8 ;; ~ ~ . ~ ~ ~ ~ ~ j\ ~ ~ ~ ~ g ;;j ~ g ~ ; ; :5 ! !. 0 ~ ~ ~ 8 = 8 2 = ~ 1 . ~ ~ ~ ~ = . 0 => ~ ~ a ~ ~ ~ ~ " = ; :i g 8 . . ~ 8 8 .. ! ~ " @ ~ ~ ~ = 8 ~ ;e " 1 r.:; = g ;:; g e!" j ~ 8 " 8 8 8 ! 8 8 ~ ~ a ~ ~ @ I ~ 8 ~ ~ => ~ ~ g * ~ zj ; z; ~ g 8 8 8 ~ 8 = 8 . S ~ ~ ~ ~ ~ " = ~ ~ ~ = = . . ~ ~ & . ~ li ; s 5 ~ 8 " g g 8 " " " 8 8 '" = ~ , . ~ ~ = = ~ => if ~ ~ . = '" ~ ~ . " ~ ~ ~ " ; . .. ~ ; .. eo ~J " " " 8 ~ 8 ~ 8 = - " a ,~ ~ :'l !l S S !l !l S S :'l e '" . a ........ .. " > ~ .. . ~ ~ ~ ~ ~ . a . .~ .. " 0 ! a il ~ , " ~ . " .. ~ , , ! " . Q " : 1 ! i 8 ~ " "E . [1 , ~ ~ ~ ~ . . .. ~ , I ~ = . .; s .. ~ ~ ~ 3 j ~ , ~ lli il . ~ . , = ~ i 1 ~ ! v " i i , > ~ ~ i , ! ~ b , ~ . . ~ = & 6 .'. .l j i " , , , j ~ ~ " , 8 ;:: ~ => -" ~ - g o o '" ?i '" ;: ~ ::: => ~ ~ ~ :; ,,; .. l; . ~ ~ '" .. => g .. ~ " :2 8 .. :f; gf " ;: ~ g g ~ ~ ;: rn ll. .... 'il is . oS ,;: .. ~ -= ll. 00 i>1 < i s <I .z .. " '" . . '" it: 'il ~ ". E l2J'".-' O'-::l:: ..-.-':" " - = ,""lU .-. ,. AGENDA REOUEST ITEM NO. C A2 DATE: November 27, 2007 REGULAR [ ] PUBLIC HEARING [ ] TO: BOARD OF COUNTY COMMISSIONERS CONSENT [X] 1t0DI Tlo,vs PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 07-386 - Urging the Governing Board of the South Florida Water Management District (SFWMD) to expedite the completion of the C23/24 Project in St. Lucie County as a key component of the Indian River Lagoon (IRL) Plan.. BACKGROUND: At the November 20,2007 Board Meeting, the Board of County Commissioners unanimously voted to have staff prepare a resolution urging the Governing Board of the South Florida Water Management District to expedite the completion of the C23/24 Project in St. Lucie County as a key component of the Indian River Lagoon Plan. The attached Resolution No. 07-386 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDA nON: Staff recommends that this Board adopt the attached Resolution No. 07-386 as drafted. COMMISSION ACTION: n APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: ~/ Review and Approvals Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 ... , f" RESOLUTION NO. 07-386 A RESOLUTION URGING THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) TO EXPEDITE THE COMPLETION OF THE C23/24 PROJECT IN ST. LUCIE COUNTY AS A KEY COMPONENT OF THE INDIAN RIVER LAGOON (IRL) PLAN WHEREAS, the Board of County Commissioners of St. Lucie County has made the following determinations: 1. The greater Everglades ecosystem, spanning from the Kissimmee River Valley to Florida Bay, is a national resources and international treasure. 2. St. Lucie County supports Everglades restoration and recognizes it is an important part of the future economic well being of South Florida. 3. The Everglades Restoration and related projects will not only improve environmental conditions and quality of life, but also will improve flood protection and water supply for more than seven (7) million Floridians and millions of visitors to the South Florida area. 4. The St. Lucie Estuary and Southern Indian River Lagoon continue to be degraded by high water levels and excessive freshwater discharges and nutrients carried and redirected by drainage canals constructed by the Central and Southern Flood Control project. 5. St. Lucie County has a record of supporting local, state, and federal programs to improve the environmental health of the St. q AI"' , Lucie Estuary and the Indian River Lagoon and their associated ecosystems, which are critical to the economic and social environment of South Florida. 6. The citizens of St. Lucie County have contributed millions of local tax revenue to help fund the acquisition of lands necessary for preservation and Indian River Lagoon South CERP const~uction components. More specifically, St. Lucie County paid millions of dollars to the South Florida Water Management District for acquisition of the C23/24 Project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby urge the Governing Board of the South Florida Water Management District to expedite the completion of the C23-24 Project in St. Lucie County as a key component of the Indian River Lagoon (IRL) Plan. 2. The County Administrator is hereby directed to forward copies of this resolution to the Governing Board of the South Florida Water Management District. After motion and second the vote on this resolution was as follows: Chairman Joseph E. Smith xx Vice-Chairman Paula A. Lewis xx Commissioner Doug Coward xx Commissioner Charles Grande xx Commissioner Chris Craft xx PASSED AND DULY ADOPTED this 27th day of November, 2007. ~, ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY I i r I I ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT I I I I I . I I r I I I . I . I I I It. -- CIItMI___ Charles Grande, Chairman Doug Coward, Vice Chairman Joseph E. Smith Paula A. Lewis Chris Craft District NO.4 District No. 2. Dldrkt No. I District No. J District No. 5 AGENDA November 2.7, 2.007 I. MINUTES Approve the minutes from the meeting held on November 6, 2007. Approve the minutes from the meeting held on November 13, 2007. 2.. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS Lln Approve warrants List No.7 and 8. Z. MOSODITO CONTROL Declaration of Surplus Property - Consider staff recommendation to approve the surplus to the District equipment referenced in the attached list, authorize to offer the surplus equipment to interested Mosquito Districts at the values estimated for those items and consideration for "Best Offers" and approve the publicly auction the surplus equipment that is not successfully bid upon by any other district. J. PURCHASING A. Sole Source and Contract with Locher Environmental, Inc., for the purchase, installation and maintenance of three (3) Cellular Telemetry Monitoring Systems for a not to exceed amount of $150,000 - Consider staff recommendation to approve the Sole Source and Contract with Locher Environmental, Inc., for the purchase, installation and maintenance of three (3) Cellular Telemetry Monitoring Systems for a not to exceed amount of $150,000. B. Request Board approval of the following short listed firms and permission to conduct oral presentations to ranI? the short listed firms for contract negotiations from Request for Qualifications #07-101, Engineering SelVices for the Mosquito District: 1. Hazen and Sawyer 2. Kimley-Horn 3. Higgins Engineering 4. Creech Consider staff recommendation to approve the short listed firms and pennlSSlon to conduct oral presentations from Request for Qualifications #07-101, Engineering SelVices for the Mosquito District. NOTICE: All Proceedings before this Board are electronically recorded. Any per>on who decides to appeal any action tal>en by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. A~ party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (712) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. 11/21/07 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #8 - 17-NOV-2007 TO 21-NOV-2007 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 35,639.95 0.00 GRAND TOTAL: 35,639.95 0.00 11/21./07 FZABWARR FUND 184 ST. LUCIE COUNTY - BOARD WARRANT LIST #8 - 17-NOV-2007 TO 21-NOV-2007 FUND SUMMARY- EROSION TITLE Erosion Control Operating Fund GRAND TOTAL: EXPENSES 1,043.18 1,043.18 PAGE PAYROLL 0.00 0.00 1 11/16/07 ST. LUCIE COUNTY - BOARD PAGB 1 PZABWARR WARRANT LIST # 7- 10-NOV-2007 TO 16-NOV-2007 FUND SUMMARY- MOSQUITO FUND TITLB EXPENSES PAYROLL 145 Mosquito Fund 32,250.84 41,185.41 GRAND TOTALs 32,250.84 41,185.41 11/16/07 ST. LUCIE COUNTY - BOARD FZABWARR ( WARRANT LIST # 7- 10-NOV-2007 TO 16-NOV-2007 FUND SUMMARY- EROSION FUND TITLE 184 Erosion Control Operating Fund GRAND TOTAL I EXPENSES 26,101.26 26,101.26 PAGE PAYROLL 4,855.20 4,855.20 1 Date: November 6, 2007 MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Convened: 1 :46 a.m. Adjourned: 1: 47 a.m. Commissioners Present: Chairman, Paula A. Lewis, Doug Coward, Joseph Smith, Chris Craft, Charles Grande Others Present: Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Millie Delgado-Feliciano, Deputy Clerk I. MINUTES It was moved by Com. Smith, seconded by Com. Craft, to approve the minutes of the meeting held on October 23,2007, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS 3. CONSENT AGENDA It was moved by Com. Craft, seconded Grande, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 56,4 and 5. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REORGANIZA nON MEETING Date: November 13, 2007 Convened: 10:25 a.m. Adjourned: 10; 28 a.m. Commissioners Present: Chairman, Paula A. Lewis, Joseph Smith, Doug Coward, Chris Craft, Charles Grande Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Edwin M. Fry, Jr., Clerk of the Circuit Court, Millie Delgado-Feliciano, Deputy Clerk 1. ELECT THE CHARIMAN The Clerk of Court presided and called for nominations for Chairman of the Mosquito Control District. It was moved by Com. Coward, seconded by Com. Craft to nominate Com. Grande as Chairman of the Mosquito Control District, and; upon roll call, motion carried unanimously. 2. ELECT VICE CHAIRMAN The Chairman presided and called for nomination for Vice Chairman of the Mosquito Control District. It was moved by Com. Craft, seconded by Com. Smith to nominate Com. Coward as Vice Chairman of the Mosquito Control District, and; upon roll call, motion carried unanimously. At this time the Mosquito Control District recessed and will reconvene after the conclusion of the Board of County Commissioners meeting. Reconvene 3. GENERAL PUBLIC COMENTS None 4. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Lewis to approve the Consent Agenda, and; upon roll call, motion carried unanimously. I. Warrant List The Board approved Warrant List No.7 There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 1 1. " AGENDA REQUEST ITEM NO. C-2 DATE: November 27,2007 REGULAR r ] PUBLIC HEARING r ] CONSENT [X] TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY(DEPT): Mosauito Control James R. David SUBJECT: Declaration of Surplus Property BACKGROUND: In order to meet the requirements of Chapter 388.323, Florida Statutes, District surplus equipment must first be offered to other Mosquito Control Districts through the Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control, prior to conducting a public auction of the equipment. A list of the individual property record numbers each surplus item is provided for Board consideration. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board approval to surplus the District equipment referenced in the attached list, Board authorization to offer the surplus equipment to interested Mosquito Districts at the values estimated for those items and consideration for 'Best Offers', and Board approval to publicly auction the surplus equipment that is not successfully bid upon by any other District. COMMISSION ACTION: P'1APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: I Q;@nating Dept. \.finance: (Check for Review and Approvals Management &' Budget Other: only, if applicableL ~ChaSing: ~ Other: Eff. 5/96 J " ..'riil".."". . .. _...... :-: -. . . . ~ .. MOSQUITO CONTROL DISTRICT MEMORANDUM TO: All Mosquito Control County and District Programs FROM: James R. David, Mosquito Control Director DATE: October 30,2007 SUBJECT: Disposition of Surplus Property In compliance with Chapter 388.323 Florida Statutes, the Saint Lucie County Mosquito Control District Board is making available the following and attached lists of surplus property for State/District purchase: Item Condition Minimum Bid! Best Offer 1. 1999 Kawasaki Mule FAIR Condition...................................500.00 (ref. PR 203826) 2. 1999 Case Extendahoe FAIR Condition.................................l0,000.00 (ref. PR203827) A Mosquito Control District or program seeking to purchase any of these items may inspect them at the District compound between 8:00 am and 3:00 pm, Monday through Friday. This offer will expire on December 15,2007, after which date all equipment will be sold/traded-in. If you have any questions please call 772-462-1686 or fax the District at 772-462-1565. cc: file , ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 10/24/07 1. INVOICE DATE (IF NEW PURCHASE) 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # MOSQUITO CONTROL DISTRICT 4. LOCATION CODE MOSQCT 5. PROPERTY RECORD # 20-3826 TRANSFERRING TO OTHER DEPARTMENT? YES 0 NO (!) IF YES, DEPARTMENT NAME 6. DISPOSING OF YES@NOO 7. YEAR ACQUIRED (IF TRANSFERRED/DONATEDITRADED, ETC.) 1999 8. DESCRIPTION OF PROPERTY UTILITY VEHICLE 9. MAKE KAWASAKI 10.MODEL NUMBER MULE 11. SERIAL NUMBER 527779 12. METHOD OF DISPOSAL (IF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.) RPLUS I () l:;tJ )07 DATE THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHENPURCHASINGANITEM,FILL THIS FORM OUT,ATTACH TOTHE .INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION . . ITEM NO. 3/+ DATE: 11/27/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: ST. lUCIE COUNTY MOSQUITO CONTROL DISTRICT SUBMITTED BY: PRESENTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval of a Sole Source and Contract with Locher Environmental, Inc. for the purchase, installation, and maintenance of three (3) Cellular Telemetry Monitoring Systems for a not to exceed amount of $150,000.00 BACKGROUND: Please see attached memorandum. FUNDS AVAilABLE: 145-6230-564000-600 Machinery & Equipment 145-6230-546000-600 Equipment Maintenance PREVIOUS ACTION: Approval of prior Sole Source, BOCC meeting of 11/28/06, Agenda Item C2 RECOMMENDATION: Staff recommends Board approval of a Sole Source and Contract with Locher Environmental, Inc. for the purchase, installation, and maintenance of three (3) Cellular Telemetry Monitoring Systems for a not to exceed amount of $150,000.00, and permission for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: M ( ) APPROVED OTHER () DENIED Approved 5-0 County Attorney (X) :A' Mosquito Control (X) Do as . Anderson County Administrator Coord i nation/Siq natures Mgmt & Budget (X) ~ Purchasing (X) M Other Finance (-V for copy only if applicable) , - PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, CP.M., Purchasing Directo~- DATE: November 5,2007 RE: Board approval of a Sole Source and Contract with Locher Environmental, Inc. for the purchase, installation, and maintenance of three (3) Cellular Telemetry Monitoring Systems for a not to exceed amount of $150,000.00 Backoround: On May 25, 2004, the Board approved a monitoring system capable of withstanding the salt-water environment of the mosquito impoundments. It currently provides telemetry transmission of impoundment water levels and water quality data at Bear Point Mitigation Bank. The data is sent via cell phone to our server, where it is downloaded into a storage program (Loggernet) and an interactive program used for daily monitoring and alarms (Trihedral). This equipment is necessary to maintain project conditions as regulated by the Florida Department of Environmental Protection. The original system was purchased and installed by Locher Environmental Technology, LLC.,who is the sole authorized dealer and integrator of Campbell Scientific equipment. The Mosquito Control District is requesting approval to Sole Source the purchase, installation, and maintenance of three (3) additional Cellular Monitoring Systems. Using this equipment, District staff can be made aware of and respond to operations and maintenance issues before they become water quality emergencies. Recommendation: Staff recommends Board approval of a Sole Source (attached) and Contract with Locher Environmental, Inc. for the purchase, installation, and maintenance of three (3) Cellular Telemetry Monitoring Systems for a not to exceed amount of $150,000.00, and permission for the Chairman to sign the contract as prepared by the County Attorney. , . atWI~fiY'&~~~1l~~~ll~J'i;~;~:J \\t;"r~'1!1Im~;;;i,J JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Cellular Telemetry Monitoring Systems As a sole source procurement from: Locher Environmental Technologies, Inc., Name of Company: Locher Environmental Technologies, Inc Contact Name: Kevin Locher Phone: (863) 853-3325 The basis for this sole source determination and the reason no other vendor is suitable is: Locher is the sole source systems integrator and authorized manufacturer representative for Campbell Scientific and KPSI products in Florida. This vendor is the sole provider for the integration of these products in Florida. The specifications are based on these specific products because of the need to integrate new telemetry needs with existing management software and technology. Mosquito Control District Date 10/30/07 Director Title Note: 1. Enter description of goods or services to be procured. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing. ~~/ Purchasing Dlr o'r/ Approved .y Disapproved 0 //~./ 4"7 Date" ;' G:FORMS\SOLE SOURCE\INT -f ~ CAMPBELL SCIENTIFIC. INC~ WHEN MEASUREMENTS MATTEA Manufactures Representative Certification October 29, 2007 To whom it may concern: I certify that: Locher Environmental Technology LLC 7181 Gasparilla Rd Port Charlotte, FL 33981 Is the exclusive authorized manufactures representative in the State of FLORIDA. If you have additional questions, please contact me. J Packer Sales Administrator Campbell Scientific, Inc. 815 West 1800 North Logan, Utah 84321-1784 Phone: ......... (435) 750-9531 Fax: ............. (435) 750-9671 Email: jed@campbellscLcom 815 W. 1800 N. I Logan, Utah 84321-1784 I (435) 753-2342 I fax (435) 750-9540 www.campbellscLcom I info@campbellsci.com I " ITEM NO. 3B DATE: 11/27/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT SUBMITTED BY: PRESENTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Request Board approval of the following short listed firms and permission to conduct oral presentations to rank the short listed firms for contract negotiations from Request For Qualifications #07-101, Engineering Services for the Mosquito Control District. Firm Hazen & Sawyer Kimley-Horn Higgins Engineering Creech BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 145-6230-531000-600 Professional Services PREVIOUS ACTION: BOCC approval to issue the RFQ, August 14, 2007, Agenda Item C2-B RECOMMENDATION: Board approval of the above short listed firms and permission to conduct oral presentations to rank the short listed firms for contract negotiations from Request For Qualifications #07-101, Engineering Services for the Mosquito Control District. COMMISSION ACTION: M ( ) APPROVED OTHER () DENIED Approved 5-0 County Attorney (X) Mosquito Control (X) Do sM. Anderson County Administrator Coordination/Signatures "",r-. \\, Mgmt & Budget (X) ~ tf)j ~ Purchasing (X) ~ Other Finance (" for copy only if applicable) \ PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: November 7,2007 RE: Board approval of the following short listed firms and permission to conduct oral presentations to rank the short listed firms for contract negotiations from Request For Qualifications #07-101, Engineering Services for the Mosquito Control District. BackQround: County staff solicited qualifications packages from firms to provide Engineering Services for the Mosquito Control District on an "as needed" basis using continuing contracts for specific projects and small projects as defined under the Consultants Competitive Negotiated Act (CCNA). Nine hundred seventy four (974) firms were notified, thirty eight (38) sets of Request for Qualifications documents were distributed, and five (5) firms submitted (please see attached). Since Florida law requires the County to make a determination of a Consultant's qualifications prior to their employment, the Qualifications Package was used to create a "shortlist" of the most qualified firms that submitted per discipline. Firms were evaluated based upon criteria established by State of Florida Statutes and County criteria. After the initial evaluation of the written packages, a "short-list" of firms was created. Short listed firms will then be invited back for oral presentations to County staff regarding their understanding of the program requirements and their approach and methods. The firms were ranked in the following order: Ranking 1. 2. 3. 4. 5. Firm Hazen & Sawyer Kimley-Horn Higgins Engineering Creech Captec Location Ft. Pierce, FI. Port St. Lucie, FI. West Palm Beach, FI. Jensen Beach, FI. Stuart, FI. Recommendation: Staff recommends Board approval of the above short listed firms and permission to conduct oral presentations to rank the short listed firms for contract negotiations from Request For Qualifications #07- 101, Engineering Services for the Mosquito Control District. -. \ BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR TABULATION SHEET - RFQ # 07-101 ENGINEERING & CONSULTING SERVICES MOSQUITO CONTROL IMPOUNDMENTS AND STORMWATER PROGRAMS OPENED: OCTOBER 04,2007 AT 3:00 PM FIVE ( 5 ) submittal was received for subject proposal: ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO AWARD WILL BE FAXED TO ALL BIDDERS PRIOR TO AWARD. CAPTEC ENGINEERING, INC. Contact: Joseph W. Capra, PE Phone: 772-692-4344 Fax: 772-692-4341 Address: 301 N W St. Lucie Ave., Stuart, FI. 34994 CREECH ENGINEERS, INC. Contact: Octavio 'Oats' Reis, P.E. Phone: 772-283-1413 Fax: 772-220-7881 Address: 2000 N.E. Jensen Beach Boulevard, Jensen Beach, FI. 34957 HAZEN AND SAWYER Contact: Robert B. Taylor Jr. P.E. Phone: 772-489-0066 Fax: 772-489-0299 Address: Mardi Executive Center 1905 South 25th Street, #103 Fort Pierce, FI. 34947 HIGGINS ENGINEERING, INC. Contact: Robert W. Higgins, P.E. Phone: 561-439-7807 Fax: 772-439-0026 Address: 4623 Forest Hill Blvd. Suite 113 West Palm Beach, FI. 33415 KIMLEY.HORN & ASSOCIATES, INC.. Contact: Michael Kiefer, Jr., E.!. Phone: 772-354-3800 Fax: 772-286-0138 Address: 10521 SW Village Center Drive, Suite 103, Port St. Lucie, FI. 34987 NUMBER OF COMPANIES NOTIFIED*: 974 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 38 NUMBER OF BIDS RECEIVED: 5 * - Per demandstar.com I I I I I I I ~ ST. LUCIE COUNTY EROSION DISTRICT ""If ... 'I -... ~ ......~-- ..,.....'~~ .. ., ............. ~,,, h.", 'n i m "'= n ..-~' Chrl. Craft, Chairman Charle. Grande, Vice Chairman 'o.eph E. Smith Doug Coward Paula A. Lewis District No. J District No. . District No. I District NO.2 District No. J AGENDA November 27, 2007 I. MINUTES Approve the minutes from the meeting held on November 6, 2007. Approve the minutes from the meeting held on November 13, 2007. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve warrants list No. 7 and 8. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taben by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1m or TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: November 6, 2007 Convened: 1:47 a.m. Adjourned: 1:47 a.m. Commissioners Present: Chairman, Charles Grande, Doug Coward, Paula A. Lewis, Chris Craft, Joseph Smith Others Present: Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Craft, seconded by Com. Smith, to approve the minutes of the meeting held October 23,2007, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 56,4 and 5. 2. PUBLIC WORKS A. Contract extension for Professional Marine and Engineering Consulting Services associated with the Artificial Reef Program- The Board approved the contract amendment providing for one year extensions, with Taylor Engineering Inc., Lee E. Harris, P.E. and Continental Shelf Associates, Inc. and execution of said contract amendments by the Chairperson. B. Artificial Reef Grant program: The Board approved entering into Work Authorization No. 12 with Lee E. Harris, P.E. in the amount of $4,205.00 to perform monitoring and assessment of the County's artificial reef sites deployed from August through September 2005 and execution of said agreement by the Chairperson. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REORGANIZA nON MEETING Date: November 13, 2007 Convened: 10:28 a.m. Adjourned: 10:30 a.m. Commissioners Present: Chairman, Charles Grande, Paula A Lewis, Chris Craft, Joseph Smith, Doug Coward Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Edwin M. Fry, Jr., Clerk of the Circuit Court, Millie Delgado-Feliciano,. Deputy Clerk 1. ELECT THE CHAIRMAN The Clerk of the Court presided and called for nominations for Chairman of the Erosion District. It was moved by Com. Coward, seconded by Com. Grande to nominate Com. Craft as Chairman of the Erosion District, and; upon roll call, motion carried unanimously. 2. ELECT THE VICE CHAIRMAN The Chairman presided and called for nominations for Vice Chairman of the Erosion District. It was moved by Com. Lewis, seconded by Com. Coward, to nominate Com. Grande as Vice Chairman of the Erosion District, and; upon roll call, motion carried unanimously. The Erosion District recessed and reconvened after the Board of County Commissioners meeting. Reconvened 3. GENERAL PUBLIC COMMENTS None 4. CONSENT AGENDA It was moved by Com. Smith, seconded by Com. Coward to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. Warrant List The Board approved Warrant List No.6. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court ----